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LAW OF THE REPUBLIC OF MOLDOVA

of July 22, 2011 No. 161

About implementation of single window in implementation of business activity

(as amended of the Law of the Republic of Moldova of 21.09.2017 No. 185)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law determines the legal base for creation of mechanisms of increase in efficiency of business activity.

Article 2. Basic concepts

For the purpose of this law the following concepts are determined:

state body - body of the central or local public authority, authorized to issue allowing documents and/or equipped with functions on control and regulation, and also other organizations, the organizations and/or the companies which are appointed/authorized to publish allowing documents and/or to exercise control of the state information resources;

the supporting document - officially the registered document/act or the copy of such document / act used for confirmation or establishment of certain dispositive facts which were determined by means of actions or the allowing documents fixed and/or registered by authorized state body according to the procedure earlier, provided by the current legislation. The copy of the identity document, or the constituent document, the certificate of lack of debts to the government budget, the certificate of lack of criminal record and other documents (acts) issued by state bodies, confirming the certain facts determined and fixed by earlier state body which issued the supporting document or other state body can serve as example of the supporting document;

the allowing document - the stating document or the act by means of which the state body determines certain dispositive facts and/or allocates the applicant with number of the rights and obligations for the purpose of initiation, implementation and/or the termination of business activity or actions connected with it. The allowing document can have the form of permission, the omission, certificate, conclusion, approval, approval, the patent, competence certificate and other documents without which business activity in specific area cannot be initiated, performed and/or stop;

single window - the mechanism allowing the parties involved in business activity to provide standardized information and documents through single collection point that will allow to fulfill all requirements of the legislation connected with regulation of business activity.

Article 3. General obligation of periodic review

For the purpose of increase in efficiency of flow of information necessary for provision of certain rights and investment with certain obligations for initiation, implementation and the termination of business activity and actions connected with it, state bodies shall study periodically existing spheres of regulation, control and management and also existing within these spheres of the procedure for the purpose of their rationalization by means of cancellation or consolidation of the procedures or requirements which are not necessary and by means of creation of single windows.

Chapter II Single window

Article 4. Creation of single window

The single window is considered created when procedures of acceptance and consideration of information, and also institutional structure are changed and are controlled in such a way that:

a) the applicant for receipt of the allowing document only once visits state body, excepting final visit for receipt of the document;

b) giving and receipt of information necessary for receipt of the allowing document are performed in one Item (in geographical and/or electronic space).

Article 5. Purpose of single window

(1) the Single window is created as for the purpose of realization of the rights and obligations connected with the procedures of declaring specified in Chapter III and for the purpose of increase in efficiency and rationalization of flow of initial information: ascertainings, establishments and registration of the facts, rights and obligations according to the current legislation.

(2) the Single window can be created for simplification of obtaining, ascertaining, registration and/or cancellation of certain rights and obligations and for simplification:

a) issues of certain allowing document;

b) issues or associations of several allowing documents by cooperation with several responsible state bodies;

c) ascertainings, confirmations and/or registration of certain rights / obligations / dispositive facts;

d) initiation or terminations of certain type of activity;

e) initiation/terminations of business activity in general;

f) implementation of other purposes, stipulated by the legislation.

Article 6. Types of single window

The single window can be created:

a) at the local level that implies need of involvement of bodies of local public authority of the first or, depending on circumstances, the second level;

b) at the national level that implies need of involvement of the central bodies of public management;

c) at the level of the mixed type that implies requesting by means of single window of local level of the certain acts / actions provided / performed by the central bodies of public management, and also close cooperation between the central and local authorities of public management.

Article 7. Conditions of creation of single window

(1) Creation of single window is obligatory in the presence of the following conditions:

a) the number of visits for receipt of the one and only allowing document constitutes more than two, excepting the last visit for document/action obtaining/confirmation;

b) total expenses (for the applicant and state body) and time necessary for creation and issue of the document not through single window, will be more than through single window.

(2) in the presence of provided by part (1) conditions the state body having paramount functions and powers in the respective area or the state body interacting with applicants for the purpose of accomplishment of the functions and powers in the field shall create single window. Responsible for creation of single window can be as central, and, depending on circumstances, local authorities of public management.

(3) the State bodies responsible for creation and implementation of single window are appointed by the Government.

(4) In case of need the Government is responsible for development of regulations on creation and functioning of single window in specific areas within regulations of this law and other current laws.

Article 8. Access to procedures out of single window

(1) the Mechanism of single window shall grant to applicants option with preserving as far as it is possible, access to the procedures regulated by the legislation before creation of such window.

(2) Existence of single window shall not interfere with receipt of the allowing document by the applicant from the same state body / the same state bodies out of the mechanism of single window.

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