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Ministry of Justice

Republic of Moldova

On May 7, 2015 No. 1043

ORDER OF THE MINISTRY OF PUBLIC EDUCATION OF THE REPUBLIC OF MOLDOVA

of March 23, 2015 No. 163

About approval of the Regulations on the organization and carrying out tender on substitution of positions of the director and deputy director of educational institutions

(as amended on 01-09-2022)

Based on the item (5) Art. 50 of the Code about education No. 152 of July 17, 2014 (The official monitor of the Republic of Moldova, 2014, No. 319-324, 634) I ORDER to the Art.:

1. Approve Regulations on the organization and carrying out tender on substitution of positions of the director and deputy director of educational institutions it (is applied).

2. Publish this order in the Official monitor of the Republic of Moldova.

3. Ceased to be valid according to the Order of the Ministry of Public Education of the Republic of Moldova of 07.10.2015 No. 964

Minister of education

Maya Sandu

Approved by the Order of the Minister of education of the Republic of Moldova of March 23, 2015 No. 163

Regulations on the organization and carrying out tender on substitution of positions of the director and deputy director of educational institutions

I. General provisions

1. This Regulations on the organization and carrying out tender on substitution of positions of the director and deputy director of educational institutions developed based on the item (5) Art. 50 of the Code of the Republic of Moldova about education No. 152 of July 17, 2014.

2. This Provision establishes:

1) the procedure of the organization and carrying out tender on substitution of positions of the director and deputy director (further – tender);

2) conditions for participation in tender;

3) education method, structure and activities of tender committees;

4) procedure for contest of results of tender.

3. Substitution of positions of the director and deputy director is performed on competitive basis. The director and the deputy director of the public educational institution are appointed to position for five-year term.

4. Competition is organized and carried out according to the following principles:

1) open competition – informing the public on managerial positions on which substitution competition, ensuring open and equal entry to participation in tender of any person which is carrying out the established criteria is held;

2) competence and professional merits – selection of the most competent persons based on accurately formulated criteria and single method of assessment;

3) impartiality – use on non-discriminatory basis of single selection criteria;

4) transparency – provision of information on procedure for the organization and carrying out tender to all interested persons;

5) equal access to position of the director/deputy director - ensuring access to position of the director/deputy director of any person corresponding to the criteria established by this Provision irrespective of race, skin color, nationality, ethnic, social, national origin and social position, language, religion or beliefs, floor, gender identity and sexual orientation, marital status, the state of health and the HIV status, the political choice, property or any other criteria.

5. Competition is organized by authority, competent to appoint to position (employer), and is carried out by the tender committee created by this body.

Before carrying out the first stage of tender members of tender committee shall get acquainted with this Provision. After creation of tender committee the body having legal powers to destination depending on circumstances, with assistance of industry local body in the field of education will organize and provides training of members of tender committee about application of this provision.

II. Organization of tender

6. Has competences of authority to appoint to position (employer):

1) примар villages (commune), примар the cities, примар municipium Comrat – for substitution of positions of directors of public institutions of prepreschool education (children's day nursery, the communitarian center of early education), public institutions of preschool education (kindergarten, the communitarian center of early education) and directors of public institutions of out-of-school education (local level);

2) industry local body in the field of education – for substitution of positions of directors of state educational institutions of primary, gymnasia, lyceum and out-of-school education (district/municipal level, and also at the level of ATO Gagauzia); the industry local body in the field of education of municipiums of Chisinau and Belts is allocated with competences of authority to appoint to position (employer) and in case of the organizations specified in the subitem 1) which are not effective in administrative and territorial units of the first level;

3) the Ministry of Education and Research – for substitution of positions of directors of organizations of vocational education, organizations of out-of-school education (national level), educational alternatives, and also other public institutions of education subordinated to the Ministry of Education and Research;

4) the founder – for substitution of positions of directors of private educational institutions and for directors of the educational institutions subordinated to other ministries, or other structures of local government bodies of the second level;

5) the director of educational institution – for substitution of positions of deputy directors of educational institutions.

7. Competition is held in 2 months prior to the expiration of the individual employment contract of the acting director/deputy director.

In cases when the individual employment contract of the director/deputy director stops for other reasons, except specified in the item 1, and also in case of private educational institutions competition is announced no later than one month after termination of the contract in time.

8. Before position assignment of the director on competitive basis authority, competent to appoint to position (employer), appoints the acting as the director. Appointment of the acting as the director is possible also in case of temporary absence of the acting director; in this case appointment is performed by authority, competent to appoint to position (employer) according to the proposal of the acting director.

6 months shall not exceed duration of service life of the acting director. The acting as the director performs the same functions, as the director. In case of appointment of the acting as the director accomplishment of conditions of item 14 is obligatory.

9. Tender is initiated by the publication of the relevant order by the organizer of tender.

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