ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 23, 1993 No. 607

About approval of the Regulations on carrying out tenders of purchase and sale of state-owned property in the course of privatization

In pursuance of the resolution of Parliament of the Republic of Moldova of July 4, 1991 N 627-XII "About procedure for enforcement of the Law of the Republic of Moldova "About privatization" the Government of the Republic of Moldova decides:

Approve Regulations on carrying out tenders of purchase and sale of state-owned property in the course of privatization it (is applied).

APPENDIX

to the order of the Government of the Republic of Moldova No. 607 of September 23, 1993.

Regulations on carrying out tenders of purchase and sale of state-owned property in the course of privatization

I. General provisions

1. This Provision is developed according to the Law of the Republic of Moldova "About privatization" and determines the basic rules and conditions of carrying out tenders of purchase and sale of state-owned property in the Republic of Moldova, the rights and obligations of sellers, buyers, other participants of tenders, and also procedure of calculations and assignment of the property right.

2. Tender is one of methods of alienation of state-owned property in private property of physical persons and legal entities of the Republic of Moldova which property is not state-owned property, financial institutions (investment funds, holdings, the confidential ("trust") companies), and also foreign legal entities and citizens who can acquire objects of state-owned property for convertible currency in the course of privatization, and represents the procedure of selection of the most preferable buyer of the privatized state property object. It is applied to cases when special sales terms of object are established (requirements to qualification of buyers, preserving during certain time of specialization of the company (organization), observance of safety conditions of work and health protection of people, environmental standards, etc.).

3. Privatizations by carrying out tenders according to this Provision are subject the objects representing the single property complexes which are in state-owned property of the Republic of Moldova, estimated value to 1 million rubles (for January 1, 1992), and also lots with shares of objects, privatizeable by incorporating, in quantity to 25% of total number of shares.

Lots with shares can be acquired by that buyer who will offer the best plan of privatization or the best entrepreneurial plan taking into account interests of the state and proceeding from the sales terms established earlier.

The decision on sale of objects of state-owned property on competitive basis is made by State department on privatization with the consent of Fund of state-owned property. The list of the objects which are subject to sale is determined taking into account offers of the ministries, State departments and local government bodies according to the conditions specified in Item 2 this provision.

4. Competition will be organized by the seller by means of the contest committees which are created in 2 months prior to its carrying out.

6. The information about persons who submitted bids and contents of their offers is not subject to announcement prior to the meeting of the contest committee.

7. Members of the contest committees and their nearest relations (parents, children, brothers, sisters, etc.) have no right to participate personally or with mediation of other persons in the tender organized by them as buyers.

8. Competitions are held with the assistance of at least two buyers on each object offered to sale.

9. When carrying out tenders respect for the following basic principles is necessary:

ensuring availability of participation in all of them wishing according to this Provision;

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