of March 11, 2009 No. 201
About enforcement of provisions of the Law No. 158/2008 on the state position and the status of the government employee
For the purpose of accomplishment of provisions of the Law No. 158/2008 on the state position and the status of the government employee (The official monitor of the Republic of Moldova, 2008, Art. No. 230-232, 840) DECIDES: the Government
1. Approve:
Regulations on replacement on competitive basis of the state position according to appendix No. 1;
Regulations on probation period for the beginning government employee according to appendix No. 2;
Model and components of the job description and Methodology of development, coordination and approval of the job description according to appendix No. 3;
Rules of implementation of part-time job of the government employee according to appendix No. 4;
The standard form of the staff list and Methodology of filling and coordination of the staff list according to appendix No. 5;
Procedure for creation of the commitment letter of the government employee about work in public service after completion of forms of professional development according to appendix No. 6.
Regulations on the disciplinary commission, according to appendix No. 7.
Regulations on assessment of professional achievements of the government employee, according to appendix No. 8.
Standard regulations on personnel division of body of public management according to appendix No. 9.
Regulations on continuous professional development of government employees according to appendix No. 10;
The instruction about procedure for maintaining personal records of government employees according to appendix No. 11.
2. Provide to the state office the methodological help of the public power to bodies in case of application of provisions of the corresponding regulatory base.
3. Declare invalid the Order of the Government No. 192 of March 1, 2004. "About approval of the Regulations on replacement on competitive basis of vacant state positions" (The official monitor of the Republic of Moldova, 2004, Art. No. 42-44, 326).
|
Prime Minister |
Zinaida Grechany |
|
Countersign: minister of local public authority |
Valentin Guznak |
|
Minister of Justice |
Vitaliye Pyrlog |
to the Order of the Government of the Republic of Moldova of March 11, 2009 No. 201
1. The regulations on replacement on competitive basis of the state position (further - the Provision) are developed according to part provisions (4) article 29 of the Law No. 158/2008 on the state position and the status of the government employee.
2. This Provision determines:
a) the procedure of the organization and carrying out tender on replacement of the state position (further - tender);
b) obligations of the Parties, participating in process of the organization and carrying out tender;
c) procedure for forming and structure of the contest committees.
3. Competition is held for the purpose of attraction in body of the public power of candidates for replacement of the state position and selection from their number of the most suitable candidate.
4. Persons answering to the main conditions provided by the law for exposure of the candidate for replacement of the state position and the specific requirements established for replacement of this position have the participation right in tender.
5. Competition will be organized by body of the public power under which authority the state position is, by means of personnel division and is carried out by the contest committee. Tender on replacement of the highest leading state positions specified in Item c) parts (2) article 8 of the Law No. 158/2008 on the state position and the status of the government employee, it will be organized and carried out by the contest committee provided by the subitem 2) of Item 54.
6. Competition will be organized and carried out on the basis of the following principles:
open competition - informing the population on vacant and/or temporarily vacant state positions, providing open entry to participation in tender in order that each citizen could exercise the right to replacement of the state position;
competence and professional merits - selection of the most competent persons on the basis of accurately certain criteria and single assessment procedure;
equal access to the state position - ensuring access to the state position of any person answering to the conditions established by the law without discrimination on sex, age, race, nationality, religious, political convictions, etc.;
transparency - provision of information on procedure for the organization and carrying out tender to all interested persons.
7. The body of public management organizing tender publishes conditions of carrying out tender on the government portal of the state positions for which occupation bodies of public management will organize competition, on the official web page and, proceeding from circumstances, on official pages of body of public management on social networks which initiated tender it is, at least, than in 20 days prior to date of tender. Bodies of public management can publish conditions of carrying out tender for occupation of the state position and in the periodical or in other media.
8. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 06.06.2018 No. 527
9. Information on conditions of carrying out tender contains without fail the following information:
a) the name and the location of the body of the public power organizing tender;
b) name of the state position;
c) the purpose and fundamental obligations of the state position according to the job description;
d) conditions of participation in tender;
e) documents which should be provided;
f) bibliography of tender;
g) deadline of submission of competitive files;
h) procedure for submission of competitive files;
i) phone number, the e-mail and postal address, person who is responsible for provision of the additional information and acceptance of competitive files.
10. In the conditions of participation in tender the main conditions for exposure of the candidate for the state position according to the law, and also the necessary conditions for its replacement established in the Single qualifier of the state positions and in the job description are specified.
11. Candidates in time, specified in information on conditions of carrying out tender, submit personally / on mail / by e-mail documents for participation in tender which contain:
a) the questionnaire of the participant specified in appendix to this Provision;
and-1) the concept of institutional development which reflects vision of the candidate of priorities and main directions of development of body of the public power and shall not exceed 5 pages, in case of tender on replacement of the highest leading state position or the leading state position of the head and the deputy manager of the body subordinated to the ministries and other administrative authorities;
b) copy of the identity certificate;
c) copies of diplomas about education and certificates of the termination of professional development course and/or specialization;
d) the documents confirming professional years of service (the copy of the service record, the certificate of the professional activity performed after January 1, 2019 or other supporting documents);
e) the medical certificate - if for the corresponding position special requirements to health are provided in the job description;
f) certificate of non-conviction;
g) the documents confirming provision of volunteer services if the candidate counts it necessary.
11-1. For participation in tender only candidates with completely completed competitive files are allowed. The competitive files provided after deadline are not considered by the contest committee about what the corresponding mark in the protocol becomes and the candidate by e-mail or by phone is notified.
12. Copies of the submitted documents can be certified by the notary or are shown together with originals for check of their reliability.
13. In case of submission of competitive documents by mail or e-mail of provision of Item 12 are applied on date of written testing of tender or interview in case of tender on replacement of the highest leading state position or the leading state position of the head and the deputy manager of the body subordinated to the ministries and other administrative authorities, otherwise competitive files are rejected.
14. The medical certificate, the certificate of lack of criminal record and the documents confirming working experience or, depending on case, the volunteering period, can be replaced with statements under the personal liability. In this case the candidate shall add competitive files with the original document no later than 10 days from the date of the announcement his winner, under the sanction of not edition of the administrative document about appointment in time.
15. The bibliography of tender includes the list containing no more than 7 regulations and 3 sources of information which are established together with the division manager whose part the state position on which replacement competition, in view of its specifics, relevant for the state position on the basis of which tasks for written testing and interview will be developed will be organized is.
16. Submission due date of competitive files cannot be less than 15 days from the date of publication of the announcement.
17. Within 3 working days from the moment of the expiration of submission of competitive files the contest committee considers the file of participants and makes the decision on their admission to tender.
The secretary of the contest committee places the candidate list, allowed to tender, on the web page and, proceeding from circumstances, on official pages on social networks of body of the public power, and also reports the candidates who are not allowed to tender, the bases of variation of their documents.
18. Tender on replacement of the highest leading state position and with replacement of the leading state position of the head and the deputy manager of the body subordinated to the ministries and other administrative authorities, includes tender of the file and interview, and on replacement of other leading state positions and executive state positions - the written test and interview.
18-1. The contest committee establishes date, time and the venue of tender of the file and provides placement on the web page of body of the public power of information on carrying out tender. Tender of the file consists in selection by the contest committee of candidates/candidates for replacement of the highest leading state position or the leading state position of the head and the deputy manager of the body subordinated to the ministries and other administrative authorities, on the basis of the provided files and assessment of the concept of institutional development, experience and reputation which is performed on system from 1 to 10 points, separately by each member of the contest committee. The arithmetic average value of the points given by members of the commission is considered final assessment in tender of the file. The candidates who received final assessment below 7,5 in tender of the file are disposed from tender. Results of tender of the file are drawn up by the protocol.
18-2. Within no more than two days from date of tender of the file for the selected candidates the contest committee requests:
a) at National authority on integrity - the certificate of integrity;
b) at the National center for fight against corruption - the reference from the register of testing of professional integrity;
c) the Service has information and safety - information on absence or availability of risk factors which can cause damage to law and order, safety of the state, public order.
19. The contest committee establishes date, time and the venue of written testing. This information is placed not later than 3 working days before carrying out written testing on the web page of body of the public power. At the same time candidates are notified personally on date, time and the venue of written testing on e-mail/telefonu.
20. Written testing is carried out for the purpose of the examination and abilities necessary for accomplishment of functional tasks and obligations of the state position.
The contest committee based on the bibliography established according to Item 15, develops at least three options of works.
Each option of work includes:
a) the test / test-viktorinu, containing 4-6 questions, from which 2-3 in the area specific to the state position, and 2-3 in the field of the regulatory base regulating activities of public administration and government employees;
b) 2-3 practical tasks for the leading state positions (planning of specific objective, preparation of meeting on certain question, project development of the decision, the analysis and/or the solution of practical task, etc.); 2-3 practical tasks for executive state positions (creation and/or editing various types of letters, instructions, drafts of reports, decisions, etc.).
The rating scale is developed for each option of work.
Each option of work is sealed in separate envelope.
21. At the scheduled time written testing begins with the choice of any option of work as one of candidates.
All candidates for replacement of the same state position carry out the same option of written testing.
22. Duration of written testing is established by the contest committee taking into account degree of difficulty and complexity of tasks, but cannot exceed three astronomical clock.
23. Written testing is carried out in the presence of members of the contest committee. Accomplishment of some practical tasks on the computer is recommended.
24. After the announcement of option of work to the room where written testing is carried out, access to other persons, except for the members of the contest committee and persons providing clerical work of the contest committee is forbidden.
25. During written testing candidates are forbidden to have in case of themselves and to use any source of consultation, including mobile phones. Non-compliance with the specified provisions involves the candidate's exception of tender with indication of mark "is cancelled" at work and entering of incident in the protocol.
26. Works are performed only on the sets of paper which are specially prepared by the body of public management organizing tender, certified by its seal. After time allowed for written testing, candidates write down the surname and name in the right corner of the first leaf and represent works to the secretary of the contest committee, appending the signature in the list which is specially prepared for this purpose. The same procedure is applied also to the works performed on the computer which are immediately unpacked by the body of public management organizing tender. After record of surname and name of the candidate is stuck so that the written-down data could not be identified, works are coded.
27. Written works are checked in coded form and decoded only after their assessment.
28. Written testing is estimated in points from 0 to 10 separately by each member of the contest committee, and the put-down mark is entered in the protocol. The arithmetic average value of the marks which are put down by members of the contest committee is considered final assessment for written testing.
29. The candidates who received final assessment for written testing lower than 6 and not been on written testing in the day established by the body organizing tender are disposed from tender.
30. If written test was passed only by one candidate, tender continues.
31. The interview is conducted no later than 5 working days from the date of carrying out written testing or from the date of carrying out tender of the file on replacement of the highest leading state positions or the leading state positions of heads and deputy managers of the bodies subordinated to the ministries and other administrative authorities in time. The candidate list, allowed to interview, date, time, the place and format of interview are placed on the official web page of body of the public power. At the same time candidates are notified personally on date, time, the place and format of holding interview on e-mail/telefonu.
32. The interview duration, the list of the main questions and scale of estimation are established by the contest committee. In case of the choice of the main questions specifics of the state position on which replacement competition will be organized are considered.
33. The main questions for the highest leading state positions or the leading state positions of heads and deputy managers of the bodies subordinated to the ministries and other administrative authorities, are set for receipt of information about:
a) concepts of institutional development;
b) motivations of revenues to the state position;
c) managerial competence;
d) working experience and competence;
e) self-checking and resistance to stress;
f) to professional ethics and good reputation, etc.
34. The main questions for the leading and executive state positions are set for receipt of information about:
a) motivations of revenues to the state position;
b) working experience and competence;
c) analytical/critical thinking;
d) clear and logical explanation;
e) professional and personal qualities;
f) to professional ethics and good reputation, etc.
35. During the interview members of the contest committee ask identical main questions to each candidate for replacement of the same state position. The condition that any of candidates did not hear the questions addressed to his predecessors shall be provided.
36. Questions of rather political convictions of the candidate, his religion, nationality, financial position and social origin or questions which can be regarded as discrimination by gender cannot be set.
37. Answers on interview are estimated in points from 0 to 10 separately by each member of the contest committee, and assessment is entered in the protocol. The arithmetic average value of the marks which are put down by members of the contest committee is considered final assessment for interview.
The candidates who received for interview final assessment below 6, are disposed from tender. In case of carrying out tenders on replacement of the highest leading state position or the leading state position of the head and the deputy manager of the body subordinated to the ministries and other administrative authorities, the candidates who received final assessment lower than 7. 5, are disposed from tender.
38. The arithmetic average value of the final marks which are put down for written testing and for interview is considered final assessment for tender. In case of carrying out tender on replacement of the highest leading state position or the leading state position of the head and the deputy manager of the body subordinated to the ministries and other administrative authorities, arithmetic average of the final estimates received in tender of the file and during the interview it is considered final assessment of tender.
39. The contest committee constitutes the candidate list, undergone tender, depending on the received final assessment in the decreasing procedure.
The candidate who received the highest final assessment is considered the winner of tender.
In case of receipt of identical final estimates the contest committee selects candidates on degree of their compliance to conditions of participation in tender on the basis of the submitted documents.
In case of tenders on replacement of the highest leading state positions with the winner of tender the candidate offered according to Item 44 part two is considered.
40. Results of tender are entered in the protocol which within 2 working days after carrying out tender is submitted to person/body, competent to appoint to position.
41. Members of the contest committee sign the declaration on no conflict of interest concerning the candidate, the declaration on confidentiality of the personal data containing in the file of the candidate, the declaration on nondisclosure of content of versions of the tests / tests of the multiple choice developed for written testing, protocols, and also other documents on activities of the commission. Each member has the right to put the special opinion to the protocol.
42. The meeting of the contest committee is competent if at it there are at least 2/3 of her members.
43. Results of tender within 5 working days after its carrying out are placed on the web page. At the same time candidates are notified on results of tender on e-mail/telefonu.
44. Person (body), competent to appoint to position by means of the administrative act, appoints the candidate for the state position who won tender for which replacement competition was organized.
In case of tender on replacement of the highest leading state position the contest committee suggests the Government to appoint to position of the candidate who underwent tender with the highest final assessment. If several candidates gathered identical final assessment, preference is given to the candidate who was highly appreciated most on interview.
The administrative act about position assignment is published by person / body after obtaining from the National agency on integrity of information on lack of prohibitions for appointment to the state position following from the final decision of court. The national agency on integrity studies request of body of public management within 5 working days.
45. In case of absence for the disrespectful reasons of the candidate who won tender within 8 working days from the date of its announcement by the winner for appointment to the state position, non-presentation within 10 days from the date of its announcement by the winner of originals of the documents specified in Item 14, or written refusal of appointment to the state position, person/body of public management competent/competent to appoint to position, appoints the following candidate from the candidate list, undergone tender, and in the absence of other candidate who underwent tender to change deadline for documents or competition is announced by closed.
45-1. In case the candidate underwent tender, but was not declared the winner, within no more than 6 months of end date of tender to it other vacant or temporarily vacant position with similar functions and obligations can be offered, to the same or lower category. Position assignment by the person / body having warrant of law to destination to position is performed from written consent of the corresponding candidate if the last meets the requirements provided in article 27 of the Law No. 158/2008 on the state position and the status of the government employee.
46. The body of public management prolongs tender if:
a) documents were filed only by one candidate;
a-1) by results of assessment of competitive files is determined that any candidate does not meet the special requirements of tender;
b) after consideration of competitive documents only one candidate can be allowed to tender;
b-1) any candidate was not on written testing or for interview;
c) the candidate declared the winner refused work, and there is no other candidate who underwent tender.
46-1. The body of public management can extend tender if:
a) documents were not filed at the scheduled time;
b) any of candidates did not receive the minimum quantity of points for tender passing.
46-2. Prolongation of tender is performed by change of deadline of submission of competitive files and information on conditions of carrying out tender, without repeated placement of the announcement.
47. If after prolongation of tender as a result of consideration of documents only one candidate was allowed to tender, competition is held according to the procedure established by this Provision.
47-1. The body of public management can dispose about suspension of tender in case of introduction of emergency, obsidional or warlike situation.
47-2. The state body can dispose about the termination of tender in case of liquidation of position as a result of reorganization or liquidation of state body.
48. Person (body), competent to appoint to position, carries out the following fundamental obligations:
a) publishes the administrative act about forming of the contest committee, including about appointment of the chairman and secretary of the commission;
b) approves the text of the announcement and information on conditions of carrying out tender;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.