of July 14, 2000 No. 1142-XIV
About provision of long-term soft credits to some categories of the studying youth
For the purpose of implementation of state policy in the fields of education, protection and strengthenings of intellectual potential of the country, material support of future specialists, mainly for the rural zone
The parliament adopts this ordinary law.
Art. 1. - This law establishes criteria and procedure for provision of long-term soft credits, and also procedure for their return.
Art. 2. - (1) Long-term soft credits are granted to the students of the state higher educational institutions including studying at contractual basis.
(2) students aged from 18 up to 40 years, gained in case of receipt in higher educational institution GPA not lower than 8 or finished academic year with the same point, not having the academic debt and not having own sources of the income have the Right to long-term soft credit, and also corresponding to one of the following conditions:
a) have the brothers/sisters studying in educational institutions of the country or abroad;
b) are orphans or have only one legal supporter;
c) their legal supporters or one of them:
- are registered in public service on employment;
- are disabled people of I or II groups;
- reached retirement age;
d) are disabled people;
e) come from the large families (having three and more children);
f) study on the specialties, priority for national economy, established by the Government.
Art. 3. - (1) For realization of the right to soft credits of person of the categories provided in Article 2, shall provide:
a) the declaration on the income and the income of members of the family for previous year vised by authorized body. At the same time the annual earnings on one family member shall not exceed 12 average salaries on national economy;
b) the material and professional guarantees established by the Ministry of Education and Research together with bank through which the loan is granted. Material guarantee is, as a rule, the personal property of the student or property of the physical persons or legal entities providing such guarantees. Professional guarantees are given by higher educational institution.
(2) in case of impossibility of representation by the student of material guarantees the bank loan can be granted to it under guarantee of the Ministry of Education and Research within the guarantee fund created by it.
(3) the Ministry of Education and Research provides guarantee on the basis of the agreement providing also measures for ensuring repayment of the loan.
Art. 4. - (1) the Guarantee fund of the Ministry of Education and Research is created due to annual target assignments of the government budget, donations, means of sponsors, bank interests and other special means, and also assignments in the amount of one percent from the means accumulated by higher educational institutions from receipts from tuition fee.
(2) the Procedure for forming and use of guarantee fund is established by the provision approved by Parliament.
(3) the Guarantee fund exists as interest-bearing deposit in commercial bank. The choice of commercial bank is performed by the Ministry of Education and Research on competitive basis proceeding from offered terms for crediting: the total amount allocated by bank for provision to students of the credits during specific period of time; interest rate of charges on guarantee fund; bank interest rate on the granted loans; terms of return of the credits; the size of the material guarantees requested by bank; the size of commission charges, and also the territory offered to servicing.
(4) the Ministry of Education and Research guarantees by means of guarantee fund bank loans, and also interest payment on the credits in the following procedure:
a) in the amount of 100 percent - on the loans granted to the students having 9,5-10 GPA for the expired academic year;
b) in the amount of 75 percent - on the loans granted to the students having 9,0-9,5 GPA for the expired academic year;
c) in the amount of 50 percent - on the loans granted to the students having 8,0-9,0 GPA for the expired academic year.
(5) the funds of guarantee fund which Remained for the end of fiscal year are transferred for the next year for use in the same purposes.
Art. 5. - (1) the Procedure for provision and return of the credits, and also limiting loan amount are determined in the provision developed by the Ministry of Education and Research in coordination with the Ministry of Finance and commercial bank in time 90 days after determination of bank and approved by Parliament. The provision is published in the Official monitor of the Republic of Moldova.
(2) Soft credits are granted to at least than 500 students annually.
(3) the Loan is granted in individual procedure, for each academic year.
(4) Repayment of the loan is performed monthly after at most two years after the termination of higher educational institution.
(5) the Term of repayment of the loan is established by agreement with bank, but cannot exceed 5 years, and for medical educational institutions - 8 years.
(6) Payment of bank interest on the credit begins after 90 days after the termination of higher educational institution.
(7) in case of non-return at the scheduled time of the credit and default on interest payment on it the penalty fee in the same order, as penalty fee for failure to pay in the government budget of taxes and fees is charged in time.
(8) In questions of provision and return of the credits, interest payments on them blaze of publicity by publication of the relevant information in mass media is provided.
Art. 6. - (1) Applications for provision of soft credit are submitted addressed to the rector of higher educational institution and are considered by the Senate which makes the recommendation of loan granting.
(2) the Recommendation of loan granting is valid for one credit current academic year. The new recommendation is necessary for receipt of the following credit.
Art. 7. - (1) the Amount of the granted loan shall provide to the student worthy level of living, cover its real expenses on study payment (when training at contractual basis), housing and household services, and also on food, clothes and medical attendance.
(2) the Credit amount is not taxed.
Art. 8. - (1) Loan payout stops:
a) for the period of the academic leave;
b) for preliminary detention;
c) in other cases provided by the law.
(2) Loan payout stops:
a) in case of exception of educational institution;
b) in case of departure on permanent residence abroad;
c) in case of serving sentence in case of condemnation to imprisonment;
d) in case of change of the circumstances which formed the basis for loan granting;
e) in other cases provided by the law.
Art. 9. - In the cases specified in Article 8, the credit it shall be returned no more than six months from the date of suspension or the termination of its payment in time.
Art. 10. - In case of the death of the loanee or complete loss of working capacity by him the credit returns from means of guarantee fund.
Art. 11. - To the government in three-months time from the date of entry into force of this law to develop regulations on its execution.
Chairman of the parliament
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