ORDER OF THE AGENCY OF LAND RELATIONS AND INVENTORY OF THE REPUBLIC OF MOLDOVA

of July 22, 2009 No. 108

About approval of the Regulations on certification of registrars

For the purpose of execution of provisions of h (5) and (6) Art. 12 of the Law on the inventory of real estate No. 1543-XIII of February 25, 1998. (The official monitor of the Republic of Moldova 1998, No. 44-46, of the Art. 318), with subsequent changes and amendments, I ORDER:

1. Approve Regulations on certification of registrars it (is applied).

2. This order is published in the Official monitor of the Republic of Moldova.

Approved by the Order of the Agency of land relations and the inventory of July 22, 2009 No. 108

Regulations on certification of registrars

I. General provisions

1. The regulations on certification of registrars (further - the Provision) are developed according to provisions of the Law on the inventory of real estate No. 1543-XIII of February 25, 1998, the Order of the Government No. 1030 of October 12, 1998. "About some measures for creation of the inventory of real estate" also determines the purpose of certification, condition, terms and procedure for the organization and holding procedure of certification of registrars.

2. The purpose of certification of registrars is determination of level of their professional training, post compliance, check of risk factors, encouragement of increase in professional qualification, increase in responsibility in case of accomplishment of service duties, ensuring objective job development.

3. Certification consists in determination of capabilities, professional level, performance appraisal of the registrar, the level of development and professional qualities according to requirements of post and assumes the following:

a) planning and organization of testing certification;

b) carrying out certification;

c) approval of results and creation of protocols;

d) consideration and solution of possible protests.

4. Certification is based on the following principles:

a) objectivity - creation of equal conditions of certification for all registrars; ensuring impartial certification based on accurately created criteria and single methodology of determination of competence and assessment of activities of the registrar;

b) transparencies - provisions to all registrars of information of rather theoretical and practical tasks (oral and written), about procedure for the organization and holding procedure of certification, about criteria for evaluation of activities of the registrar;

c) social justice - selection of the best specialists proceeding from the received results; ensuring job development in case of the discrepancy of post revealed during certification.

5. Information on time and the venue of certification is published on the website of Specialized enterprise in the field of the inventory (further - the Company) in 30 days prior to certification.

6. Certification of registrars is performed by the Commission on certification of registrars (further - Certifying commission).

II. Organization of process of certification of registrars

7. Certification of registrars will be organized and carried out by the Company and Certifying commission.

8. Director of the Company:

a) approves the list of the registrars which are subject to certification after approval by Certifying commission;

b) approves the schedule of carrying out certification after approval by Certifying commission;

c) issues the order on results of certification based on recommendations of Certifying commission.

9. Management of personnel of the Company (further - Management of personnel):

a) constitutes the list of the registrars which are subject to certification and represents it for approval to the director of the Company, sends one copy for all territorial cadastral offices in 30 days prior to certification;

b) constitutes the schedule of carrying out certification of registrars and after its approval sends to each territorial cadastral office on copy in 30 working days prior to certification;

c) represents to Certifying commission the personal record of the registrar, the job description and response on each registrar who is subject to certification, inspection statements and other supporting documents which describe activities of the registrar;

d) after certification brings in the personal record results of written works, certification leaf with the signature of the chairman, secretary and the members of the commission who are present at meeting;

e) prepares the draft of the order of the director of the Company for results of certification;

f) develops the program for accomplishment of recommendations of certifying commission, will organize and controls process of its realization.

10. The head of territorial cadastral office (further - office) at which the registrar which is subject to certification works:

a) gives assessment to the current activities of the registrar during the period between two certifications;

b) determines together with the registrar specific objectives for accomplishment of the obligations assigned to it and specific measures for increase in efficiency of its activities;

c) constitutes response and after finishing it to data of the registrar, represents to Management of personnel. The response about activities of the registrar shall be provided in 14 working days prior to certification;

d) as necessary participates in meeting of Certifying commission.

11. Certifying commission:

a) considers documents of the personal record, the job description, inspection statements and other supporting documents which describe activities of the registrar, response about activities of the registrar;

b) estimates knowledge and practical skills of registrars;

c) conducts written examination and interview, if necessary requests opinion of division managers of the company concerning the registrar undergoing certification;

d) makes the decision by results of certification of the registrar;

e) constitutes recommendations for the registrar based on results of certification.

12. The certifying commission is created based on the order of the Agency of land relations and the inventory (further - the Agencies).

13. The certifying commission consists of 11 members, including the chairman, the vice-chairman and members of certifying commission.

Members of the commission are 5 specialists of the Agency, 4 specialists of the Company and two representatives of the Ministry of Justice. The chairman of Certifying commission is the CEO of the Agency, the vice-chairman of Certifying commission is the deputy director general of the Agency.

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