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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 11, 2009 No. 201

About enforcement of provisions of the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008

(as amended on 06-10-2021)

For the purpose of accomplishment of provisions of the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008 (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

Appendix No. 1

to the Order of the Government of the Republic of Moldova of March 11, 2009 No. 201

Regulations on replacement on competitive basis of the state position

I. General provisions

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 on the state position and the status of the government employee No. 158-XVI of July 4, 2008.

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 on the state position and the status of the government employee No. 158-XVI of July 4, 2008, 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.

II. Organization of tender

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 of body of public management which initiated tender, and also hangs out them at the information stand in the location of relevant organ of public management 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 documents;

h) procedure for submission of documents;

i) phone number, the e-mail and postal address, person who is responsible for provision of the additional information and documents acceptance.

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 necessary conditions for its replacement 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 2 pages, in case of tender on replacement of the highest leading state position;

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.

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-mails of provision of Item 12 concern day of carrying out written testing of tender or interview, in case of tender on replacement of the highest leading state position, otherwise competitive documents are rejected.

14. The statement under the personal liability can replace the health declaration and the certificate of non-conviction. In this case the candidate shall submit the document for participation in tender in the original within at least 10 days from the date of its announcement by the winner, otherwise the administrative act about its appointment will not be published.

15. The bibliography of tender includes the list of regulations and other sources of information, relevant for the state position on the basis of which tasks for written testing and interview will be developed.

16. Submission due date of documents cannot be less than 15 days from the date of publication of the announcement.

III. Carrying out tender

17. Within 3 working days from the moment of the expiration of submission of documents the contest committee considers documents of participants and makes the decision on their admission to tender.

The secretary of the contest committee places the candidate list, allowed to tender, at the information stand in body of the public power and on the web page 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 includes tender of the file and interview, and on replacement of the leading state position and executive state position - written testing 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 and at the information stand in the place of its finding 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 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 and at the information stand in the place of its stay. 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 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 sets of the paper which is specially prepared by the body of the public power organizing tender. At the beginning of written testing in the right corner of the first leaf the surname and name of the candidate register. Then record is stuck so that the written-down data could not be identified, works are coded and certified by seal of the body of the public power organizing tender. After time provided for written testing, candidates represent works to the secretary of the contest committee, undersigning for the special list constituted for this purpose.

27. Written works are checked in coded form and decoded only after their assessment.

28. Written testing is estimated in points from 1 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 for written testing final assessment below 6, 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 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 and at the information stand in 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. Duration of interview and the list of the main questions are established by the contest committee. In case of determination of the main questions specifics of the state position on which replacement competition will be organized are taken into account.

33. The main questions are set for the purpose of receipt of information about:

a) concepts of institutional development for the highest leading state positions;

b) the competence, professional and personal qualities corresponding to position;

c) factors which motivate and demotivate the candidate;

d) behavior in various situations, including in crisis and other situations.

34. For the highest executive positions and for executive positions questions concern also management style, motivation of subordinates, work in group, 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 1 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 tenders on replacement of the highest leading state positions the candidates who received on interview final assessment below 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 tender on replacement of the highest leading state position arithmetic average value of the final estimates received in tender of the file and interview is considered final assessment in 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 protocols and other documentation 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 and at the information stand of body of the public power. 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.

45. In case of absence for the disrespectful reasons of the candidate who won tender within 5 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. If the state position replaced as a result of tender or other position with similar tasks and obligations, from the same or lower category, became vacant or temporarily vacant within no more than 6 months from the moment of tender completion, person/body of public management, competent/competent to appoint to position, can make the decision on appointment to the corresponding position of the following candidate from the candidate list, undergone tender. Position assignment is performed from written consent of the corresponding candidate, and also in case of accomplishment of the conditions provided in article 27 of the Law No. 158-XVI of July 4, 2008 on the state position and the status of the government employee by it.

46. The body of public management prolongs tender if:

a) documents were filed only by one candidate;

b) after consideration of competitive documents only one candidate can be allowed to tender;

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 documents and information on conditions of carrying out tender, without repeated placement of the announcement in the periodical.

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.

IV. Obligations of the Parties, participating in process of the organization and carrying out tender

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;

b-1) in 46 cases specified in Item permits, and in specified in Item 46-1 decides to extend tender;

c) provides readiness of members of the contest committee to fulfill the duties assigned to them;

d) provides activities of the contest committee (office, technical equipment, means of communication, required materials, consumable materials, etc.);

e) publishes the administrative act about appointment of the candidate who won tender on replacement of the state position.

49. The obligations specified in subitems b) - d) Item 48, can be delegated by body, competent to appoint to position, to the executive head of this body of the public power, by means of approval of the corresponding administrative act.

50. The contest committee carries out the following fundamental obligations:

a) develops options of written works, rating scales, the list of the main questions for interview and provides their confidentiality;

b) considers documents of candidates and approves the candidate list, allowed to tender;

c) determines the place, date and time of carrying out tender of the file, written testing and interview;

d) holds competition of the file, written testing and interview;

e) estimates the results received by each candidate and constitutes the candidate list, undergone tender, with indication of final results.

51. The chairman of the contest committee carries out the following fundamental obligations:

a) directs process of carrying out tender according to this Provision;

b) presides over meetings of the contest committee;

c) involves, in case of need, in activities of the commission of independent experts and government employees, specialists in the respective area for check of written works / answers on interview of candidates and submission of the comments on them forming the basis for their assessment by members of the commission.

52. The secretary of the contest committee carries out the following fundamental obligations:

a) monitors observance of the procedure of the organization and carrying out tender;

b) provides candidates with questionnaires of the participant of tender;

c) receives competitive documents, including copies of the submitted documents from candidates, checks reliability of the provided copies and compliance of the received documents to the requirements specified in information on conditions of carrying out tender;

d) tells candidates results of consideration of competitive documents, written testing, interview, and also final results of tender;

e) tells candidates date, the place and time of carrying out written testing and interview;

f) codes and decodes works of candidates;

g) constitutes protocols and other documentation on activities of the commission;

h) upon completion of tender constitutes the list of all documents of the contest committee;

i) carries out other obligations for ensuring proper carrying out tender.

53. The personnel division of body of the public power carries out the following fundamental obligations:

a) constitutes the text of the announcement and information on conditions of carrying out tender, represents them for approval to person/body, competent to appoint to position;

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