ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 19, 2012 No. 245

About National council on public and private partnership

Based on provisions of article 16 of the Law No. 179-XVI of July 10, 2008 on chastnogosudarstvenny partnership (The official monitor of the Republic of Moldova, 2008, No. 165-166, of the Art. 605) and article 22 of the Law No. 64-XII of May 31, 1990 on the Government (repeated publication: The official monitor of the Republic of Moldova, 2002, No. 131133, the Art. 1018), with subsequent changes and amendments, DECIDES: the Government

1. Create National council on public and private partnership.

2. Approve:

Structure of National council on public and private partnership according to appendix No. 1;

Regulations on National council on public and private partnership according to appendix No. 2.

3. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 28.11.2018 No. 1173

 

Countersigns: Deputy Prime Minister, Minister of Economic Affairs

Valeriu Lazer

Appendix No. 1

to the Order of the Government of the Republic of Moldova of April 19, 2012 No. 245

Structure of National council on public and private partnership

CEO of the Agency of public property, chairman of the board

General state secretary of the Ministry of Economy and Infrastructure, vice-chairman of Council

Secretary general of the Government

General state secretary of the Ministry of Finance

General state secretary of the Ministry of Internal Affairs

General state secretary of the Ministry of Defence

General state secretary of the Ministry of Justice

General state secretary of the Ministry of Education, culture and researches

General state secretary of the Ministry of Health, work and social protection

General state secretary of the Ministry of Agriculture, regional development and environment

Director of the Agency of the state services

President of Banking association of Moldova

Appendix No. 2

to the Order of the Government of the Republic of Moldova of April 19, 2012 No. 245

Regulations on National council on public and private partnership

I. General provisions

1. The national council on public and private partnership (in further - Council) is advisory body, without legal position, founded for strengthening of efforts on the effective organization of public and private partnership.

2. The main function of Council consists in assessment of policy of the state for the purpose of determination of priorities and strategy for realization of public and private partnership in the Republic of Moldova.

3. Council performs the activities under the Government based on the Law No. 179-XVI of July 10, 2008 on public and private partnership, this provision and other existing regulations.

II. Fundamental obligations of Council

4. Council carries out the following obligations:

1) determines priorities and the strategy of implementation of public and private partnership and performs monitoring of their realization;

Estimates 2) policy of the state in the field of public and private partnership, advances and develops recommendations for the purpose of their improvement;

3) promotes creation of favorable climate for mobilization of private investments and to their attraction in projects of public and private partnership of national value;

4) coordinates projects of public and private partnership of national interest;

5) estimates achievements of public and private partnership;

6) helps interdepartmental cooperation in the field of chastnogosudarstvenny partnership;

7) provides recommendations and offers on development legislative and regulations which aim determination and promotion of the priority directions in the field.

III. Organization and activities of Council

5. Council is headed by the chairman. In case of absence of the chairman of its obligation are performed by the vice-chairman.

6. The chairman of the board fulfills the following duties:

a) directs activities of Council;

b) presides over meetings of Council;

c) represents Council in the relations with bodies of public management, the international organizations and civil society.

7. Within Council the Permanent bureau which part the chairman, the vice-chairman and three of his members, the elite by a majority vote at the first meeting of Council are is effective. The permanent bureau is convoked quarterly or upon the demand of the chairman.

8. The permanent bureau fulfills the following duties:

a) convenes the regular and emergency meetings of Council;

b) constitutes and offers the draft of the agenda of meetings;

c) offers creation of working groups and coordinates their activities;

d) appoints responsible persons for preparation of reports on the questions included in the agenda of meeting.

9. The clerical work of Council provides the Agency of public property by means of Management of public and private partnership which of structure the secretary is appointed.

10. The secretary is not member of council and has no right to vote.

11. The secretary performs the following functions:

a) prepares packet of the materials necessary for holding meetings of Council and provides their carrying out;

b) provides information access, the concerning agenda of meeting, to protocols and reports, based on the principle of transparency.

12. Council is convoked on the regular meetings once in half a year or on emergency meetings according to the decision of Permanent bureau with the prior notice of members of council within 3 calendar days.

12-1. The CEO of the Agency of public property, the general state secretary of the Ministry of Economy and Infrastructure, the secretary general of the Government, the general state secretary of the Ministry of Finance, the general state secretary of the Ministry of Justice, the director of the Agency of the state services and the president of Banking association of Moldova participate and have the right to vote at all meetings of Council, and representatives of other bodies of the central public management participate and have the right to vote only in cases of consideration of the projects of public and private partnership provided by them.

13. Meetings are competent if at least two thirds of members, taking into account requirements of Item of 121 this provision participate in them.

14. Members of council have the following obligations:

a) perform powers according to this Provision;

b) participate in meetings of Council;

c) inform, if necessary, managers of organizations which they represent, on the decisions made at meetings of Council.

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