ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 27, 1996 No. 102

About the organization of accomplishment of the Law on concessions

In pursuance of the Law N 534-XIII of July 13, 1995 on concessions (Monitorul Oficial al Republicii Moldova, N 67, on November 30, 1995, 752) the Government of the Republic of Moldova DECIDES: the Art.

1. Assign to the Ministry of privatization and management of state-owned property the following functions on the organization, coordination and control of accomplishment of the Law on concessions:

creation, amendment and change of the list of the objects offered for kontsessionirovaniye, its representation to the Government for approval and to Parliament for consideration;

coordinating of activities of kontsessodatel for the organization of concessionary international tenders of state-owned property;

introduction to the Government of the offers on approval of concession treaties on each object of state-owned property approved in accordance with the established procedure;

maintaining the State register of concession treaties;

the organization and control of accomplishment of the approved concession treaties and periodic (annual) representation of the relevant information to the Government;

together with kontsessodatel - the local public authorities and authorized central industry public bodies representation to the Government of the offers on procedure for distribution and use of all income of the state gained from operation of each concessionary object separately approved with the Ministry of Finance;

representation to the Government for approval of the approved offers on provision of tax benefits and establishment of the corresponding taxes on the entire period of concession and the direction them for consideration to Parliament.

2. Approve Regulations on concessionary international tenders in the Republic of Moldova it (is applied).

3. Approve and submit to Parliament of the Republic of Moldova for consideration the draft of the resolution of Parliament on approval of Compulsory provisions of the concession treaty (is attached).

Regulations on concessionary international tenders in the Republic of Moldova

I. General provisions

1. The regulations on concessionary international tenders in the Republic of Moldova (further - the Provision) are developed according to the Law on concessions and determine general procedure, conditions of the organization and carrying out the international tenders (further - the tender) by transfer to concession of objects (services) of public property.

2. The tender is held for the purpose of competitive selection of the most preferable job seeker of concession concordant to comply with the conditions which are previously stipulated in the concessionary offer and the offered terms, most profitable to the state, of concession.

3. The basic principles of the organization and tendering process are:

equal conditions of the competition for all job seekers of concession, including the foreign physical persons or legal entities which wished to take part in the tender;

the minimum number of job seekers of concession - at least two;

publicity of tendering process and leading of its results;

possibility of acquaintance of job seekers of concession with the objects offered for transfer to concession, credit and financial and other conditions of the concession treaty.

4. Time of carrying out the tender is established by the decision of kontsessodatel which he will make after approval by Parliament of the list of the objects offered for transfer to concession and compulsory provisions of the concession treaty for each object separately.

5. The main terms used in this Provision:

the kontsessodatel - the state or its territorial administrative units which are given authority to grant to physical persons and legal entities the right to use certain activities, the services or property which are in state-owned property;

the concessionary - physical person or legal entity which owns concession for certain term instead of concessionary payments;

tender committee - the standing or temporary target body created by kontsessodatel for the organization and tendering;

the tender documentation - the set of documents containing information on technical, commercial, organizational and other characteristics of the object offered for transfer to concession and also on conditions and the procedure of carrying out the bidding;

the public biddings - the biddings when which carrying out the tender committee opens external envelopes and are disclosed by their content in the presence of bidders;

closed tendering - the biddings to participation in which the kontsessodatel invites limited number of the participants determined in view of their financial reliability, wide range of technical capability and professional competence;

the biddings with preliminary qualification - the biddings in case of which the kontsessodatel makes preliminary selection of job seekers of concession taking into account their capability to fulfill special requirements which need to be observed by transfer of object to concession;

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