Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 24, 2013 No. 280

About some measures for implementation of the Government electronic payment service (MPay)

(as amended on 08-05-2018)

Based on article 2 of the Law on ratification of the Financial agreement between the Republic of Moldova and International Development Association for project implementation "E-transformation of management" No. 173 of July 28, 2011 (The official monitor of the Republic of Moldova, 2011, Art. No. 131-133, 425), articles 6 and 10 of the Law on management of public property and its privatization No. 121-XVI of May 4, 2007 (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401), with subsequent changes and amendments, and also for the purpose of implementation of provisions of the Order of the Government No. 710 of September 20, 2011. "About approval of the Strategic program of technological upgrade of management (E-transformation)" (The official monitor of the Republic of Moldova, 2011, Art. No. 156-159, 780) and the Orders of the Government No. 329 of May 28, 2012. "About government electronic electronic payment service" (The official monitor of the Republic of Moldova, 2012, Art. No. 104-108, 369) DECIDES: the Government

1. The government service of payments (further - the Service MPay) represents the single mechanism of electronic payment of public services, taxes, duties, penalties, penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance, by means of legally available payment instruments.

2. Appoint Public organization "Agency of Electronic Control" as the owner of the Service MPay.

3. Provide to public organization "Service of Information Technologies and Cybernetic Safety" management, content and technical support of the Service MPay.

4. Along with the organizations specified in Items 2 and 3 of this resolution service providers, including suppliers of public services, payment service providers, payers, and also other physical persons or legal entities provided by this resolution act as participants of the Service MPay.

5. Responsibility for information necessary for collection of money and calculation of cost of services, the amount of taxes, duties, penalties, penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance within the Service MPay is assigned to the supplier of public service, other service provider or competent state body in case of calculation of the amount of taxes, duties, penalties, penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance (further – competent state body).

6. The ministries, other central administrative authorities subordinated to the Government, and organizational structures falling within the scope of their competence as suppliers paid or competent state bodies of public services shall till December 1, 2018:

1) to use the Service MPay for collection of payments from physical persons and legal entities in the course of rendering services, taxation, duties, collection of payment for penalties and penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance;

2) to develop and approve with the State office annual plans for integration of paid public services, the automated information systems involved in process of taxation, duties, penalties and collection of penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance in the Service MPay and also to sign agreements with the Center of electronic control (E-Government) based on the Standard agreement approved by the State office according to the subitem 1) of Item 20 of this resolution;

3) to provide to physical persons and legal entities paid public services, without connecting them with receipt of money for the accounts, after receipt of the notification from the Service MPay on complete implementation of payment;

To consider 4) paid the taxes, duties, penalties, penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance established for physical persons and legal entities on the moment following after implementation of their payment by the payer what the competent state body will be notified by the Service MPay through the notification on implementation of payment in complete size on if the law does not provide other;

5) to take all necessary legal measures for agreement cancelation about rendering the paid services concluded sine die except those which are specified in the subitem 2) of Item 20;

6) to plan the financial resources necessary for integration with the Service MPay (including for their creation) the informatichesky systems intended for payment of public services, taxes, duties, penalties, penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance.

7. Provisions of Item 6 are applied in the part which is not contradicting already undertaken obligations concerning implementation of payments for public services of taxation, duties, penalties, penalties (penalty fee) and other payments in the national public budget through treasurer system of the Ministry of Finance provided that after term the corresponding obligations will not be extended for new term or new obligations will not be assumed.

8. Other public bodies, except listed in Item 6, including the bodies of local public authority, and also the local public organizations, the state and municipal companies, subjects of private law performing functions of the public power or using the public sphere, and also physical persons and legal entities of private law can use the service MPay according to this resolution.

9. Payment service providers, and also the physical persons and legal entities of private law (specified in Item 8) can petition before the Center of electronic control (E-Government) for the conclusion of the service provision agreement according to the Standard agreement approved by the State office provided by this resolution, and other regulations. The standard agreement is designed to provide the equal attitude towards the payment service providers, physical persons and legal entities of private law (specified in Item 8) and respect for features of payment systems, including international.

10. Within the Service MPay the payer who is the physical or legal entity makes the decision on the choice of the payment instrument which will be used for payment implementation, from among available in the Service MPay.

11. In case of use of cash cards the Service MPay identifies accepting bank through which transaction, as follows will be performed:

The Service MPay will suggest the payer to specify 1) emitting bank of the cash card and will direct payment to accepting bank which is served by emitting bank, based on information provided by accepting banks;

2) if emitting bank of the cash card it is impossible to establish according to the subitem 1) this Item, the Service MPay will distribute equally transactions between the accepting banks participating in the Service MPay.

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