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LAW OF THE REPUBLIC OF MOLDOVA

of April 21, 2016 No. 77

About information and technological parks

(as amended on 09-06-2022)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation and purpose of the law

(1) This law regulates process of creation of information and technological parks, and also their functioning.

(2) the Purpose of this law is creation of necessary prerequisites for stimulation of the development of the industry of information technologies, researches and innovations based on information technologies in various areas, teaching activities in the field of information technologies and also creation of workplaces with high value added and attraction of domestic and foreign investments.

Article 2. The used concepts

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

administration of the park – the administrative authority formed by the Government for the purpose of management of the information and technological park;

the information and technological park (park) – organizational structure which residents perform the types of activity specified in article 8;

resident of the park – the legal entity or physical person registered in the Republic of Moldova as the subject of business activity brought in the Register of accounting of residents of the park and based on the agreement signed with administration of the park performing one or several types of activity specified in Article 8 as the main activities;

the main activities – the activities bringing to resident of the park 70 and more percent of sales return.

Article 3. Main objectives of information and technological parks

Creation of parks pursues the following main objectives:

a) increase in competitiveness of the companies in the sphere of the industry of information technologies;

b) support of small and medium scale enterprises in the sphere of the industry of information technologies;

c) attraction of domestic and foreign investments;

d) implementation of the types of activity creating products with high value added;

e) development of researches, innovations and production in the sphere of information technologies;

f) establishment of partnership with multinational companies in the sphere of information technologies for the purpose of exchange of positive experience and the most advanced knowledge in the field;

g) involvement of qualified personnel;

h) creation of highly skilled workplaces.

Article 4. Principles of creation and functioning of information and technological parks

Creation and functioning of parks is based on the following principles:

a) impartiality and objectivity to applicants of creation of the park;

b) transparency in the course of initiation of creation of the park;

c) the equal attitude towards all potential residents in the course of their registration;

d) non-interference of bodies of the public power and administration of the park to activities of residents of the park except as in the limits provided by this law, the existing regulations and the agreement on implementation of activities in the park;

e) realization of main objectives of the park.

Chapter II. Subjects of the information and technological park

Article 5. Applicants of creation of the park

Parks can be created at the request of the legal entities or physical persons registered in the Republic of Moldova as the subject of business activity which were / are in process of insolvency or liquidation and/or restructuring as a result of insolvency, or business activity of which was not suspended / not suspended or which were / are subject of the procedures for the announcement of one of the listed situations provided by the law.

Article 6. Administration of the park

(1) During creation of the Government park establishes administration of the park with the status of the legal entity acting on the principles of self-financing. The regulations on the organization and functioning of administration of the park affirm the Government.

(2) the Administration of the park is headed by the administrator appointed to position by the Government according to the offer of the Ministry of Economics for five-year term. Functions, the rights and obligations of the administrator are stated in Regulations on the organization and functioning of administration of the park and reflected in the agreement signed between the administrator and the Ministry of Economics.

(3) Sources of the income of administration of the park consist of compulsory contributions of residents of the park, and also of other legal income gained when implementing the functions provided by Items h) and l) Article 13. The size of compulsory contributions of residents of the park is established by administration of the park according to regulations on its activities depending on the number of residents of the park and the sales return gained by them.

(4) the Administration of the park has no right to interfere with economic activity of residents of the park.

Article 7. Residents of the park

(1) Registration of residents is performed by administration of the park according to the Regulations on registration of residents of the park approved by the Government, in kotoro the procedure and requirements for registration, and also sample of the agreement on implementation of activities in the park are provided directly and more exhaustively. Legal entities or physical persons at the request of which the park was created by right are registered as its residents.

(2) Person registered as resident of the park signs with administration of the park the agreement on activities in the park and in day of agreement signature it is brought in the Register of accounting of residents of the park. The agreement is signed for the term of at least four years. The term of the agreement shall not exceed the term of functioning of the park.

(3) In the agreement are specified:

a) the practiced types of activity;

b) rights and obligations of resident of the park and administration of the park;

c) size of compulsory contribution;

d) report types which the resident shall represent administrations of the park;

e) responsibility of the parties for breach of agreement;

f) other conditions approved by the parties.

(4) Residents of the park perform one or several types of activity specified in Article 8, in the locations and in the locations of the divisions located in the territory of the Republic of Moldova.

(5) Residents of the park keep financial accounting, constitute and submit financial and other statements, declarations according to the procedure, established by the current legislation.

(6) Residents of the park do not bear responsibility according to obligations of administration of the park.

(7) the Administration of the park keeps the Register of accounting of residents of the park and issues the certificates confirming park resident status.

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