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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 6, 2010 No. 370

About approval of the Regulations on the free enterprise zone of "Balti"

(as amended on 08-11-2018)

According to part (4) article 6 of the Law on the free enterprise zone of "Balti" No. 26 of March 4, 2010. (The official monitor of the Republic of Moldova, 2010, Art. No. 39-40, 105) DECIDES: the Government

Approve Regulations on the free enterprise zone of "Balti" it (is applied).

Prime Minister

Vladimir Filat

Countersign:

Deputy Prime Minister, Minister of Economic Affairs

 

Valeriu Lazer

Minister of Finance

Vyacheslav Negrutsa

Approved by the Order of the Government of the Republic of Moldova of May 6, 2010 No. 370

Regulations on the free enterprise zone of "Balti"

1. The regulations on the free enterprise zone of "Balti" (further - the Provision) are developed according to the Law on free enterprise zones No. 440-XV of July 27, 2001 and the Law on the free enterprise zone of "Balti" No. 26 of March 4, 2010.

2. The free enterprise zone of "Balti" (further - free zone) is created for the term of 25 years.

3. The area and configuration of free zone are determined by the Law on the free enterprise zone of "Balti" No. 26 of March 4, 2010 and the cadastral plans developed according to the cadastral legislation.

4. Control of free zone is exercised by state body - Administration of free zone (further - Administration) which has the status of the legal entity and operates on the principles of self-financing.

Activities of Administration are regulated by the Law on free enterprise zones No. 440-XV of July 27, 2001 and the regulations adopted in connection therewith by the law.

5. The administration uses the received financial resources on content of the device and for accomplishment of the obligations established by the law.

6. The administration is headed by the chief manager appointed to position on competitive basis by the order of the Minister of Economy and Infrastructure for a period of 5 years.

6-1. The Ministry of Economy and Infrastructure in 5-day time from the date of entry into force of the order of the minister on position assignment signs with the chief manager the agreement in which its functions, the rights and obligations, including the size and payment terms of work, according to provisions of the Law No. 440/2001 on free economic zones are determined.

7. Based on Standard regulations on compensation of the personnel of administrations of free zones approved by the Ministry of Economy and Infrastructure, the chief manager approves Regulations on compensation of personnel of administration of the free enterprise zone of "Balti", previously having approved it with the ministry.

8. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 08.11.2018 No. 1052

9. In the agreement information provided in Item 6-1 is specified.

10. The parties can change and supplement the agreement or by mutual consent, or for the purpose of its reduction in compliance with requirements of the law.

11. The Ministry of Economy and Infrastructure exercises control of observance of terms of the contract and accomplishment by the chief manager of the obligations.

12. The chief manager shall inform the Ministry of Economy and Infrastructure on results of all checks of financial and economic activities of administration, including audit inspections timely.

13. In case of identification of agreement breaches by the chief manager the Ministry of Economy and Infrastructure shall take all necessary measures for elimination of these violations.

14. The chief manager bears responsibility for any violation of provisions of the agreement, and also the provisions of the legislation regulating activities of free economic zones, and the Ministry of Economy and Infrastructure applies disciplinary sanctions according to the labor law.

15. The chief manager in coordination with the Ministry of Economy and Infrastructure approves structure of Administration, expense budget and its staff list.

The chief manager employs and dismisses employees of administration, encourages them and applies to them sanctions, approves functional obligations of divisions and job responsibilities of personnel, issues orders and orders within the competence, signs agreements and represents Administration without power of attorney.

16. For the absence the chief manager appoints in coordination with the Ministry of Economy and Infrastructure of one of the deputies which is temporarily fulfilling its duties.

17. The chief manager develops the plan of activities of administration and the development program of free zone, coordinating social and economic, environmental issues and questions of expansion of infrastructure of free zone with bodies of local public authority, and approves them after preliminary approval of the Ministry of Economy and Infrastructure.

17-1. The Ministry of Economy and Infrastructure approves form of expense budget and term of its representation on approval, and also structure of plans and development programs of Administration of free zone.

18. Under Administration of free zone council of free zone (further - council) as collegiate organ with advisory functions can be created.

19. Main objectives of council are coordination of actions of Administration with activities of residents and bodies of public management and the solution of the major tasks of development of free zone.

20. Council is created by the order of the chief manager and acts on the basis of the regulations on council of free zone approved by the chief manager in coordination with the Ministry of Economy and Infrastructure.

21. Representatives of Administration, local public authorities, the Ministries of Economy and Infrastructure, Customs Service and residents are part of council. In need of this structure also other specialists in discretion of the chief manager can be included.

22. Council has the right to make Administrations of the offer and recommendations about development of free zone, to specify the arising problems and to offer methods of their permission.

23. The structure and number of members of council, and also the procedure of holding its meetings and decision making are determined in regulations on council of free zone.

24. In case of creation of council the conclusion of council is without fail attached to any plan and the strategy of development for free zone submitted by the chief manager for approval to the Ministry of Economy and Infrastructure.

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