ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 9, 2011 No. 936

About creation of the Agency on consumer protection and approval of its Provision, structure and extreme number

For the purpose of accomplishment of the Law No. 231 of September 23, 2010 on domestic trade (The official monitor of the Republic of Moldova, 2010, Art. No. 206-209, 681), with subsequent changes, and implementations of provisions of the Law No. 105-XV of March 13, 2003 on consumer protection (The official monitor of the Republic of Moldova, 2003, Art. No. 126-131, 507), with subsequent changes and amendments, DECIDES: the Government

1. Create consumer protection Agency by reorganization of the Main state inspectorate for supervision of the market, metrology and consumer protection which will be successor of the rights and obligations of the reorganized organization.

2. Approve:

Regulations on the organization and functioning of the Agency on consumer protection according to appendix No. 1;

structure of the Agency on consumer protection according to appendix No. 2;

changes which are made to some Orders of the Government, according to appendix No. 3.

3. Establish the extreme number of the Agency on consumer protection in number of 78 units, including support and service personnel of buildings in number of 2 units, with the annual salary fund according to the current legislation.

4. Release of employees of the Main state inspectorate for supervision of the market, metrology and consumer protection in connection with impossibility of transfer in consumer protection Agency to perform according to the Law No. 158-XVI of July 4, 2008 on the state position and the status of the government employee and the existing labor law.

5. And liabilities, fixed assets and other material values to perform transfer of assets based on the delivery-acceptance certificates which are drawn up according to the Regulations on procedure for transfer of the state companies, the organizations, organizations, their divisions, buildings, constructions, fixed assets and other assets approved by the Order of the Government No. 688 of October 9, 1995. (The official monitor of the Republic of Moldova, 1996, No. 10, the Art. 45), with subsequent changes and amendments.

6. To cover the expenses connected with the organization and ensuring activities of the Agency on consumer protection at the expense of means of the government budget.

7. To the state office, the Ministry of Economics to consider the possibility of providing the Agency on consumer protection and its territorial subdivisions by the service premises necessary for development of the activities.

8. Recommend to bodies of local public authority to provide conditions for placement of territorial structures of the Agency on consumer protection.

9. Recognize invalid:

Item of 8 changes and additions which are made to some orders of the Government, approved by the Order of the Government No. 458 of July 27, 2009. (Official monitor of the Republic of Moldova, 2009, Art. No. 121-123, 522).

10. This Resolution becomes effective on January 1, 2012.

Appendix № 1

to the Order of the Government of the Republic of Moldova of December 9, 2011 No. 936

Regulations on the organization and functioning of the Agency on consumer protection

Chapter I. General provisions

1. The regulations on the organization and functioning of the Agency on consumer protection (further - the Provision) regulate mission, functions, powers and the rights of the Agency on consumer protection (further - the Agency), and also the organization of its activities.

2. The agency is the administrative authority subordinated to the Ministry of Economics responsible for implementation of policy in the field of consumer protection and for implementation of the state control of observance of requirements of the legislation in the field, as well as the state control of compliance delivered on commodity market and/or services to the established or declared requirements and behind observance of requirements of regulations in the field of legislative metrology, and also regulations and rules of business activity.

3. The agency is legal entity, has seal with the State Emblem of the Republic of Moldova and the name in state language, treasurer accounts. The agency is financed from the government budget. The agency is located in mun. Chisinau.

4. In structure of the Agency territorial structures, not being the legal entity which the Agency manages directly function.

5. The agency performs the activities according to provisions of the Constitution of the Republic of Moldova and legal acts, presidential decrees of the Republic of Moldova, ordinances, resolutions and orders of the Government, other regulations, international agreements which party the Republic of Moldova is orders and orders of the Minister of Economic Affairs, and also this Provision.

Chapter II. Mission, main functions, powers and rights of the Agency

6. The agency has mission of implementation of policy and strategy in consumer protection, and also supervision of observance of regulations in the respective area within the provided competences.

7. For the purpose of accomplishment of the mission the following main functions are allocated for the Agency:

1) the organization and carrying out activities for supervision of the market concerning compliance to products delivered on the market and the provided services to the established and/or declared requirements, including by means of the state control at all stages of goods lifecycle or the rendered service;

2) implementation of the state metrological control of observance of regulations on metrological support, condition of standards, measuring instruments and standard samples in the field of legislative metrology;

3) implementation of the state control of observance of regulations and rules of business activity;

4) implementation of activities for protection of economic consumer interests;

5) implementation of activities for informing and education of citizens concerning their rights as the consumer.

8. The agency has the following main powers:

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