1

Report of Activity of the Licensing Chamber

for the period between 01.01.10 – 31.12.10

CONTENTS:

1. Organisation, functioning and financing of the Licensing Chamber…………....................3

1.1 General background.................................................................................................................3

1.2 Subunits of the Chamber and the staff-limit ........................................................................4

1.3 Chamber’s financial plan.........................................................................................................6

2. Achievement of the activity objectives of the Licensing Chamber........................................8

2.1. Licensing activity.................................................................................................................8

2.1.1 Valid licences.................................................................................................................8

2.1.2 Issuance/prolongation and renewal of licences.........................................................11

2.1.3 Licence fee.....................................................................................................................14

2.1.4 Evolution in the number of available licences and the licensing process for

the years 2002 – 2010...............................................................................................................16

2.2 Control in the field of licensing and co-operation with the authorities of

the central and local public administration..............................................................................19

2.3 Legal activity.....................................................................................................................22

2.4 International Co-operation..............................................................................................26

2.5 Licensing Registry.............................................................................................................26

2.6 Documents Management..................................................................................................27

2.7 Technical – material basis................................................................................................29

2.8 Key objectives of the Licensing Chamber for the year 2011.............................................29

Abbreviations for the types of activity

subject to regulation through licensing, used in tables, diagrams and graphs

Serial

number

of the

type

Abbreviation of the

type of activity

Full name of the type of activity

01 „Auditing” Auditing activity

02 „Assessment of real

estate”

Assessment of real estate activity

03 ,,Commodity

exchange”

Commodity exchange activity;

04 ,,Precious metals” Activity related to precious metals and gems; pawnshop activities;

05 ,,Gambling” Activity related to gambling: organization and performance of lotteries,

running casinos, operating cash slot machines, establishing stakes in sports contests;

06 ,,Imported alcoholic

products“

Manufacturing, storage and/or wholesale trade of alcoholic products and beer;

07 ,,Local alcoholic Production of ethyl alcohol, alcoholic products, beer and/or storing and

2

products “ wholesale of ethyl alcohol, alcohol products and local beer;

08 ,,Tobacco products” Import of tobacco products; import and/or industrial processing of tobacco, production of tobacco goods and/or wholesale of fermented tobacco and

tobacco goods;

09 ,,Veterinary and

pharmaceutical

activity”

Veterinary and pharmaceutical activities and/or veterinary care (except

activity carried out by the state veterinary service);

10 ,,Phytosanitary

products”

Import and/or sale of phytosanitary products and fertilizers;

11 ,,Transport” Public transport;

12 ,,Construction design” Activities of designing all types of buildings, town planning, installations and

public utility networks, reconstruction and restoration work;

13 ,,Constructions” Building of structures and/or engineering facilities, installations and public utility networks, consolidations and restorations;

14 ,,Extraction of mineral

resources”

Extraction of mineral resources and/or production and bottling mineral and

natural drinking water;

15 ,,Geodetic activities” Activities of topographic and cartographic surveillance;

16 ,,Ferrous metals” Collection, storage, processing, sale and export of ferrous and non-ferrous

metals waste and scrap, used accumulator batteries, including ones in

processed condition;

17 ,,Toxic chemical

substances”

Import and/or production, storing, wholesale of toxic chemical substances,

household items and products;

18 ,,Manufacturing of seals”

Manufacturing and destruction of seals;

19 ,,Security activity” Private detective or security activity;

20 ,,Fire alert systems” Installation and/or adjustment, technical maintenance of automated fire alarm

and control systems, as well as smoke protection of buildings and fire alert

systems;

21 ,,Weapons and

ammunitions”

Manufacturing, assemblage, import and/or export, re-export, trade of

weapons and ammunitions and maintenance of weapons for civil use;

22 ,,Explosives” Manufacturing, import and/or export, re-export, trade, storage and/or civil use

of explosives;

23 ,,Pyrotechnical items” Manufacturing, assemblage, import and/or export, re-export, trade and

storage of pyrotechnical items and delivery of the service “pyrotechnical spectacles and fireworks” using the pyrotechnical devices for professional

entertainment;

24 ,,Data protection” Import, export, development, production and sale of cryptographic and

technical means for data protection, of special technical gadgets for secret

acquirement of information, service delivery in the field of cryptographic and

technical protection of information (except activities performed by public

authorities empowered for such work);

25 ,,Pharmaceutical

activity”

Pharmaceutical activity (including activities using drugs and/or psychotropic

medication), carried out by private pharmaceutical institutions (for newly-

created companies and institutions up to the reception of the accreditation

certificate), except the cases when the type of activity is amended or

supplemented;

26 ,,Medical and optical

devices”

Production, sale, technical maintenance and repair of medical and optical

devices;

27 ,,Healthcare” Healthcare provided by private medical-sanitary institutions (for newly-created companies and institutions up to the reception of the accreditation

certificate), except the cases when the type of activity is amended or

supplemented;

28 ,,Employment” Activity involving employment of citizens in the country and/or abroad;

29 ,,Tourism” Tourism activity;

30 ,,Grain storage” Activities of grain storage followed by issuance of storage certificates;

31 ,,Duty-free shops” Activity of duty-free shops, including servicing of the diplomatic corps;

32 ,,Customs brokers” Activity of customs broker;

3

Types of activity excluded from under licensing regulation:

I. Totally 1 ,,Seeds material” Projecting of fruit-trees, bacciferous and vineyards plantations; production

and/or sale of seeds and planting stocks;

2 ,,Breeding livestock” Production, storing and sale of breeding livestock (animals, seminal material,

embryos, ovum, fish spawn and larva, bird eggs and silkworm eggs) for

reproduction;

3 ,,Drilling” Activities of drilling (except technical prospecting in construction);

4 ,, Radio-active

material”

Activity related to import, export, use, transportation, maintenance and

storage of ionizing radiation sources and radio-active material (including

radio-active waste) and to measure ionizing radiation fields;

5 ,,Genetics and

microbiology”

Activity in the area of genetics, microbiology as well as activities included in

III and IV risk classes, performed on genetically-modified organisms;

6 ,,Education” Activities of private educational institutions of all levels, stages, and forms of

training, complementary (extracurricular) and/or adult education, except the

one financed by the state budget.

II. Partially 1 Goods expertise activity;

2 International Transport of Goods by Road;

3 Manufacturing, import and/or export, re-export of substances destroying the ozone layer, including

equipment and products containing such substances;

4 Import and/or production of perfumery and cosmetics;

III. Post-accreditation 1 Pharmaceutical activity (including activities using drugs and/or psychotropic medication), carried out by

private pharmaceutical institutions (for newly-created companies and institutions up to the reception of

the accreditation certificate), except the cases when the type of activity is amended or supplemented;

2 Healthcare provided by private medical-sanitary institutions (for newly-created companies and

institutions up to the reception of the accreditation certificate), except the cases when the type of activity is amended or supplemented.

1. Organisation, functioning and financing of the Licensing Chamber 1.1 General background

To reach its major objectives, in 2010, the Licensing Chamber, as a special public body

under the Ministry of Economy, carried out its activity in line with the provisions of the

Constitution of the Republic of Moldova, Law no. 451-XV as of 30.07.2001 on the

regulation of the entrepreneurship activity licensing, Law 235-XVI as of 20.07.2006 on

the basic principles regulating the entrepreneurship activity, Regulation on the

organization and functioning of the Licensing Chamber and staff-limit, approved by the

Governmental Decision no. 779 as of 27.11.2009.

The primary attributions of the Licensing Chamber are:

I) implementation of the state policy in the regulation of the entrepreneurship

activity licensing field;

II) ensuring legislation observance in the regulation of the entrepreneurship activity

licensing field in line with the legal provisions;

III) generalization of the experience in the regulation of the entrepreneurship

activity licensing field;

IV) management of the licensing files.

4

Government Action Program “European Integration: Liberty, Democracy, Welfare” for

the years 2009-2013 foresee the removal of all administrative constraints in the business

environment. The period of reference is characterized by an ongoing process of reform of

the licensing system. Ensuing from the changes made to the structure and organization of

the central public authorities and in line with Law no. 21-XVIII as of 18 September 2009

on the amendment of Law no. 64-XII as of 31 May 1990 on Government, the Licensing

Chamber was transformed from central public authority into a special public body under

the Ministry of Economy.

In 2010, an important step taken to implement the action program concerned has been the

tailoring of the legal and institutional framework in the regulation of the entrepreneurship

activity licensing area. The major changes and supplements consisted in: decrease in the

number of types of activities subject to licensing under the competence of the Chamber

(from 37 to 32; out of 32 types, two are subject to licensing until the accreditation

moment); - 50% decrease of the licensing fee for businesses that have been registered at

least one year previous to the date the declaration on licence issuance was lodged; -

removal of the prior checking whether the applicant correspond to the licensing

conditions; - *50% decrease of the licensing fee for casino services (up to six tables),

etc. Law no. 176/2010 entered into force on 10 November 2010 (except for article 1,

clause 18, in the section referring to clause 1, letter e) from the appendix, which shall

enter into force on the day of its publication*).

Additionally in 2010, the Chamber carried out in line with the basic licensing principles

the total number of procedures regulating the entrepreneurship activity regarding the

issuance of licences, keeping of licensing files and registers and control over the

observance of the licensing conditions by the licence holders.

1.2 Subunits of the Chamber and the staff-limit

According to the Governmental Decision no. 779 as of 27.11.2009 for the approval of the

Regulation on the organization and functioning of the Licensing Chamber and its staff-

limit, a new structure of the Licensing Chamber was established by the Order of the

Ministry of Economy no. 175 as of 11.12.2009 and the staff-limit constituted 38 units (a

5% decrease compared to the previous period). By the end of 2010, the number of the

staff-limit holding public offices represented: 32 civil servants (84 %); and two

employees having technical status (5.3 %); Four positions remained vacant.

See below Table 1, showing the structure of the Chamber based on the criterion of age of

the employees for the years 2009-2010.

5

Table no. 1 Structure per age of the staff of the Licensing Chamber

Indicators Year 2009 Year 2010 Changes in

positions Persons Share

%

Persons Share

%

Up to 30 years 24 (five persons out of it

are on maternal leave)

53.33 18

(three persons out of it

are on maternal leave)

47.37 - 6

31-40 years 11

(two persons out of it are on maternal leave)

24.45 11

(three persons out of it are on maternal leave)

28.95 -

41-50 years 5 11.11 6 15.79 +1

51-65 years 5 11.11 3 7.89 - 2

The share of the employees aged between 23 – 40 years in 2010 represented 76.32 %.

See below Table 2 showing the educational background of the employees holding public

positions as of 31.12.2010.

Table no. 1 Evolution in the educational background of the staff of the Licensing Chamber

Indicators Year 2009 Year 2010

persons Share % persons Share %

Higher degree in

economy

11 24.44 9 25

Higher degree in Law 18 40 18 50

Higher degree in

other fields

16 35.56 9 25

Post-graduate studies 3 6.67 4 11.11

Scientific degree 1 2.22 1 2.78

In 2010, the Licensing Chamber paid much attention to the education and vocational

training of the employees, by creating opportunities to participate in various training

seminars, workshops and conferences.

See below Table 3 showing the seminars and trainings.

Table no. 3 Participation in trainings and workshops of the employees

Training Year 2009 Year 2010

activities Mean number of

participants

activities Mean number of

participants

National 32 34 25 35

International - - - -

Internal training 10 30 5 35

In 2010, the staff turnover at the Chamber amounted to 44.7 % (compared to 13 % in

2009) and could be evaluated as a functional one, ensuing from the Chamber

reorganizational process.

6

See Table 4 showing the data on turnover.

Table no. Staff turnover between 2009 and 2010

Year 2009 Year 2010

Employed Dismissed Resigned Employed Dismissed because of

Chamber reorganization

Resigned

4 - 5 12 10 7

In 2010, the Licensing Chamber deployed two open contests and as a consequence,

employed eight public officers. Four of them were beginners. The contests have been

organized in line with the Law no. 158 as of 04.07.2008 on the public office and the

statute of the public officer and in line with Governmental Decision No. 201 as

of 11.03.2009 on the implementation of the provisions of the Law no. 158-XVI as of 4

July 2008 on the public office and the statute of the public officer (procedure to organize

and deploy the contest for the vacancy of the public office).

1.3 Chamber’s financing plan

In 2010, 2 419.3 thousand lei have been budgeted to the Licensing Chamber in order to

carry out its powers. Further on, the value have been adjusted to the sum of 2 581.3

thousand lei after budget corrections. The execution of the approved budget has

represented 2 560.5 thousand lei. The total expenditures constitute 99.2% compared to

the approved budgetary provisions.

See below Table 5 showing the structure of approved expenditures and the ones made

between 01.01.2010 - 31.12.2010.

Table no. 5 The structure of approved expenditures and the ones made between 01.01.2010-29.12.2010

Name of expenditure

The initial

value

approved

for 2010,

thousand

lei

The value

adjusted to

the

amendments,

thousand lei

De facto,

thousand lei

Degree of

use,

%

Share,

%

Work payment 163.0 1628.5 1611.5 99.0 63.0

Social securities contributions 347.2 346.6 346.2 99.0 13.5

Payment for goods and services 388.1 480.1 476.7 99.3 18.5

Stationary and household

materials

32.4 74.8 74.8 100 3.0

Books and periodicals 3.0 2.4 2.4 100 0.1

Telecommunication and mail

services

60.0 38.0 35.0 92.0 1.4

Transport 108.0 123.0 123.0 100 4.8

Current refurbishment of the premises and rooms

- 47.0 47.0 100 1.8

7

Maintenance of equipment and inventory

13.2 15.2 14.8 97.3 0.6

Goods renting 106.8 123.0 123.0 100 4.8

Editorial services 3,.0 6.8 6.8 100 0.3

Protocol-related expenditures 2.0 2.0 2.0 100 0.08

Interdepartmental security - 25.0 25.0 100 1.0

IT and calculations 17.2 13.4 13.4 100 0.3

Goods and services not foreseen for certain areas

42.5 9.5 9.5 100 0.4

Compulsory health insurance

premiums paid by the employer

52.0 46.0 46.0 100 2.0

Procurement of fixed assets - 80.1 80.1 100 3.0

Total 2419.3 2581.3 2560.5 99.2 100

The expenditures for wages, obligatory state social security contributions and compulsory

health insurance premiums, amount to 79.5% of the actual expenditures. Institution’s

maintenance costs (electricity, water, sewage, security, telecommunications, office

supplies, household items, transportation, editorial services, protocol costs, etc)

represented 14.5%. The expenditure for the current repairs of the premises and inventory

amounted to 2.4 %, while the expenditure to build the technical and material base

constituted 3.6 %.

The structure of the institution’s expenditure variation depends on the institution’s

reorganizational process. Single allowances and redundancy allowances for holding

public offices have been paid to civil servants layoff, which amounted to 315.8 thousand

lei. Nevertheless, at the beginning, the budget of the Chamber did not foresee those sums.

After the corrections made to the Law on state budget for 2010, the Licensing Chamber

was allocated extra 162.0 thousand lei to cover its real expenditures.

Due to efficient internal managing policy of the budgetary means and a real savings

regime, the savings constituted 211.8 thousand lei. Upon approval of the Ministry of

Economy and Ministry of Finances, this money was rechanneled towards a certain

category of expenditure aiming to maintain and build the technical and material base of

the institution and namely: current repairs of the premises valuing 47 thousand lei;

purchase of fixed assets estimated at 80.1 thousand lei; purchase and setup of the

necessary equipment to ensure the interdepartmental security (25.0 thousand lei), etc.

8

2. Achievement of the activity objectives of the Licensing Chamber

2.1. Licensing activity

2.1.1. Valid licences

According to the Licensing Register kept by the Licensing Chamber, the number of

registered licence holders was 12 572 as of November 10, 2010, while as of December

31, 2010, there were 10 231 licence holders. The decrease in the number of valid

licenses was caused by the effects of Law no. 176 as of 15.07.2010 amendment and

supplement of Law no. 451-XV as of 30 July 2001 on regulation of the entrepreneurship

activity licensing. According to this law, starting with 10.11.2010, 10 types/sub-types of

activity subjected to regulation through licensing have been excluded.

The situation with regard to the number of valid licences for types of activity subjected to

regulation through licensing by the Licensing Chamber for the years 2008 – 2010 is

shown in Table no. 6.

Table no. 6 The change in the number of valid licences for the years 2008 – 2010

Serial

number Type of activity Number of valid licences for

the periods

31.12.08 31.12.09 31.12.10

01 Auditing activity 125 127 130

02 Goods assessment 135 153 126

03 Commodity exchange 1 1 1

06 Precious metals 280 306 346

07 Gambling 52 72 73

08 Imported alcoholic products 62 64 61

09 Local alcoholic products 250 261 219

10 Tobacco products 61 59 67

11 Tree plantations projection 707 770 Excluded *

12 Seeds material 43 44 Excluded *

13 Veterinary and pharmaceutical activity 180 647 720

14 Phytosanitary products 279 286 305

15 Transport 1982 2040 936

16 Construction design 560 535 599

17 Constructions 3027 3163 3323

18 Extraction of mineral resources 170 172 165

19 Drilling 15 15 Excluded*

20 Geodetic activities 120 127 140

21 Ferrous metals 75 72 94

22 Radio-active material 18 17 Excluded *

9

23 Toxic chemical substances 476 519 549

24 Manufacturing of seals 13 13 12

25 Security activity 122 149 172

26 Fire alert systems 59 77 82

27 Weapons and ammunitions 6 5 5

28 Explosives 10 11 12

29 Data protection 8 11 12

30 Pharmaceutical activity 806 788 563

31 Medical and optical devices 299 342 400

32 Healthcare 603 616 645

33 Genetics and microbiology 5 5 Excluded *

34 Employment 102 98 75

35 Tourism 254 264 341

36 Education 290 333 Excluded*

37 Grain storage 14 13 13

38 Duty-free shops 1 2 3

39 Customs brokers 5 14 42

TOTAL 11 215 12 191 10 231

Out of the total number of valid licences as of 31.12.2010, the highest rates were

registered in the fields of: construction of structures and/or engineering facilities,

installations and public utility networks, consolidations and restorations (32.47%); public

transport (9.14%); veterinary and pharmaceutical activity (except for except activity

carried out by the state veterinary service) (7.03 %); healthcare provided by private

medical-sanitary institutions (for the newly created institutions, up to the accreditation),

except the cases when the type of activity is changed or supplemented (6.30%); activity

of designing for all types of buildings, urban planning, installations and public utility

networks, reconstruction and restoration works (5.85 %). It should be emphasized that in

2010, there was a significant increase in the number of valid licences for veterinary and

pharmaceutical activity (300.0% and 11.28%) compared with 2008 and 2009 /Note: this

was due to the enforcement of Law no.9-XVI as of 03.02.2009, which amended art.18 of

the Law no. 451 - XV as of 30.07.2001 on regulation of the entrepreneurship activity

licensing, which stated that no fee is charged for the licence in the field of veterinary

assistance in rural areas/.

Additionally, an important increase of valid licences was registered for the activity of

production, sale, technical maintenance and repair of medical and optical devices (33.7 %

- compared to 2008 and 16.9% - compared to 2009).

In 2010, there was an obvious decrease in the number of valid licences for real estate

assessment activity, compared with 2008 and 2009 (6.6% and 17.6%); public

transportation (52.8% and 54.1% ); pharmaceutical activity, including the use of

10

narcotic and (or) psychotropic substances, deployed by the enterprises and (or)

pharmaceutical institutions (30.1% and 28.5%).

Chart no. 1 Distribution of valid licences according to fields of activity, as of 31.12.2010

6 252 licence holders were registered in the real sector; 3 744 in services delivery and

1235 in special areas.

The number of valid licences, based on the legal form of organization of the licence

holders is shown in Table no. 7.

Table no. 7 The number of valid licences according to legal form of organization of the licence holders Legal form of organization Total JSC LTD IE SE ME NGO

Number of licence holders

10231

836

7210

1414

126

76

69

Out of the total number of valid licences, the highest rate goes with Limited Liability

Companies (75.35%), individual enterprises (13.82%) and Joint-Stock Companies

(8.17%). The share of state enterprises represents – 1.23%, municipal enterprises –

0.75% and non-governmental organizations – 0.67%.

Out of the current 10 231 valid licences, 8 242 licences or 80.55% are headquartered in

urban areas (according to the legal address of the licence holder) and 1 989 licences or

19.44% are registered in rural areas. 6 390 licences or 62.45% are localized in Chisinau

municipality.

11

Table no. 8 Distribution of valid licences according to legal address of licence holders, as of

31.12.2010

No. Municipality,

district,

territorial

administrative

units

Number of valid licences No. Municipality,

district,

territorial

administrativ

e units

Number of valid licences

Total Urban

areas

Rural

areas

Total Urban

areas

Rural

areas

I. Municipalities 15 Glodeni 64 27 37

1 Chisinau Mun. 6 390 621 180 16 Hînceşti 175 87 88

2 Bălți Mun. 480 480 - 17 Ialoveni 116 31 85

3 Bender Mun. 2 2 - 18 Leova 52 13 39

4 Tiraspol Mun. 7 7 - 19 Nisporeni 72 37 35

Total municipalities 6 879 6699 180 20 Ocniţa 71 34 37

II Districts 21 Orhei 246 150 96

1 Basarabeasca 34 28 6 22 Rezina 63 12 51

2 Briceni 120 40 80 23 Rîşcani 62 8 54

3 Cahul 230 116 114 24 Sîngerei 85 6 79

4 Cantemir 70 25 45 25 Soroca 161 119 42

5 Călăraşi 96 48 48 26 Străşeni 136 67 69

6 Căuşeni 118 57 61 27 Şoldăneşti 43 29 14

7 Cimişlia 88 54 34 28 Ştefan Vodă 92 38 54

8 Criuleni 95 37 58 29 Taraclia 87 51 36

9 Donduşeni 48 3 45 30 Teleneşti 90 23 67

10 Drochia 128 51 77 31 Ungheni 145 109 36

11 Dubăsari 29 3 26 Total districts 3111 1375 1909

12 Edineţ 129 50 79 III Territorial administrative units

13 Făleşti 49 9 40 1 UTA Găgăuzia 248 168 80

14 Floreşti 110 13 97 Total Chamber 10231 8242 1989

2.1.2 Issuance/prolongation and renewal of licences

The term necessary to examine the declarations on issuance/prolongation and renewal of

licences (from the day the declaration/reception of application was lodged until the day

the decision is taken) is set according to the provisions of art. 11, par. (1) and art. 15, par.

(3) of the Law no. 451- XV as of 30.07.2001 on regulation of the entrepreneurship

activity licensing) and shall not exceed 5 and respectively 10 working days. Examination

of the declarations for the type: „Activity related to gambling: organization and

performance of lotteries, running casinos, operating cash slot machines, establishing

stakes in sports contests”, shall be in line with the term stipulated in art. 47 par. (1) of the

Law no.285-XIV as of 18.02.1999 on gambling: up to 15 working days. The hereby term

is determined by the need to coordinate the rules (Regulation) of gambling activity with

the Ministry of Finances.

Table no. 9 shows the evolution of the licensing process in 2010, including the periods -

01.01.10-10.11.10 and 10.11.10-31.12.10 (subsequent to the enforcement of the Law no.

176/10 as of 15.07.10 to amend and supplement the Law no.451-XV as of 30 July 2001

on the regulation of the entrepreneurship activity licensing).

Table no. 9 Evolution of the licensing process in 2010

12

No. Indicator Period

01.01.10

– 09.11.10

10.11.10

– 31.12.10

01.01.10

– 31.12.10*

1 Types of licensed activity 37 32 37/32

2 Licence holders 12572 12 516 10 231

3 Issued, prolonged and renewed licences,

in overall

3 843 531 4374

a) - issued and prolonged 2 662 361 3023

b) - renewed 1 181 170 1351

4 Licences that have been renewed with

regard to exclusion/inclusion of transport units

3 162 280 3442

5 Issued prescriptions 224 71 295

6 Decisions on temporary

suspension/interruption of licences

90 4 94

a) based upon applications 84 3 87

7 Decisions declaring non-validity of

licences

39 13 52

8 Decisions to withdraw the licences 210 23 233

a) based upon applications 127 14 141

The number of licences that have been issued and prolonged in 2010, compared with

2008 and 2009, increased by 15.8 % and respectively 1.6 %.

In 2010, the mean time for „de facto” examination of a declaration on licence issuance

constituted – 3.77 days, and of updating the licence – 4.78 days. The examination of

declarations for the type „Gambling activity: organization and performance of lotteries,

running casinos, operating cash slot machines, establishing stakes in sports contests”,

constituted - 10.1 working days for issuance and prolongation of licence and 4.22

working days for its update.

Table no. 10 Evolution of the mean time for examination of the declarations on issuance, prolongation

and updating licences for the years 2008 – 2010

Serial

no.

Activity index Mean time for examination

(working days)

01.01.08-

31.12.2008

01.01.09-

31.12.2009

01.01.10-

31.12.2010

1 Declarations to issue/prolong the licences - total 4.8 4.5 3.77

2 Applications for licence renewal - total 8.2 7.8 4.78

3 Declarations to issue/prolong the licences for the type

„gambling activity: organization and performance of

12.1 11.7 10.1

13

lotteries, running casinos, operating cash slot machines, establishing stakes in sports contests”

4 Applications for licence renewal for the type „gambling

activity: organization and performance of lotteries, running

casinos, operating cash slot machines, establishing stakes in

sports contests”

5.6 5.1 4.22

The issuance of licences to businesses from the left bank of the Dniester (Transdniestria)

was made in line with Governmental Decision no. 815 as of 02.08.2005 „on settlement of

traffic of goods and services which are object of Transdniestrian external trade activity”.

Therefore, 52 licences for 10 types of activity were issued in the reporting period.

Table no. 11 Valid licences, issued and prolonged licences to the Transdniestrian businesses as

of 31.12.10

No. of

activity

type

Type of activity Number of issued and prolonged

licences for the period

01.01.09 - 31.12.09

01.01.10 - 31.12.10

8 Imported alcoholic products 1 5

9 Local alcoholic products 3 4

11 Projecting of fruit-trees plantations 7 4

14 Phytosanitary products 1 -

15 Transport 8 19

16 Construction design 2 -

17 Constructions - 1

23 Toxic chemical substances 5 11

30 Pharmaceutical activity 10 6

31 Medical and optical devices 2 2

TOTAL 39 52

Regarding Transdniestrian businesses, in 2010, the number of licences issued/prolonged

for the public transportation, international transport of goods by road (137.5%), import

and/or manufacturing, stocking, wholesale trade of toxic chemical substances and

materials, as well as household items and products; manufacturing, import and/or export,

re-export of substances destroying the ozone layer, including equipment and products

containing such substances (120.0%) increased, if compared with 2009.

For the type of activity “import of ethyl alcohol”, the Transdniestrian businesses have

been issued five licences; out of them, four are valid 4 (holders: - CJSC Tiraspol Wine

and Cognac Factory “Kvint”; - CJSC “Buket Moldavii”; - CJSC „Moldavizolit” Factory;

- „Meridian Distribution” Ltd). At the same time, CJSC Tiraspol Wine and Cognac

Factory “Kvint” and CJSC “Buket Moldavii” are licence holders for the type of activity:

„manufacturing, storage and/or wholesale trade of alcoholic products”.

14

2.1.3 Licence fee

As of 31.12.2010, the contribution to the state budget in terms of licence fee constituted

78 132 831 lei, which is 20.0% more than in 2008 and 32.7% than in 2009.

Table no. 12 Licence fee for issuance/prolongation and updating, paid for the years 2008 – 2010

No.

of

type

Licensed type of activity

Fee for the period

01.01.08-

31.12.2008

01.01.09-

31.12.2009

01.01.10-

31.12.2010

01 Auditing activity 62 400 62 500 57 500

02 Goods assessment 85 250 96 000 85 000

03 Commodity exchange - - -

06 Precious metals 128 350 251 250 287 950

07 Gambling 46 872 689 41 739 191 60 689 901

08 Imported alcoholic products 4 475 490 3 196 900 3 267 000

09 Local alcoholic products 6 044 940 6 537 150 5 696 050

10 Tobacco products 1 596 800 1 383 850 1 684 300

11 Tree plantations projection 373 050 373 000 242 250

12 Seeds material 17 750 5 250 2 500

13 Veterinary and pharmaceutical activity 123 880 92 650 58 990

14 Phytosanitary products 136 861 181 250 173 000

15 Transport 897 100 1 008 400 1 110 850

16 Construction design 331 750 264 500 407 750

17 Constructions 1 571 503 1 453 400 1 765 700

18 Extraction of mineral resources 93 250 84 750 89 500

19 Drilling 10 000 5 000 2 500

20 Geodetic activities 89 000 70 500 78 000

21 Ferrous metals 28 000 28 750 86 000

22 Radio-active material - - -

23 Toxic chemical substances 266 750 378 000 304 250

24 Manufacturing of seals 2 750 8 250 5 000

25 Security activity 68 250 99 250 96 750

26 Fire alert systems 57 500 56 000 28 250

27 Weapons and ammunitions - - 5 250

28 Explosives 2 500 6 000 9 000

29 Data protection 7 500 10 000 2 500

30 Pharmaceutical activity 410 080 421 050 435 640

31 Medical and optical devices 204 500 255 500 317 000

32 Healthcare 285 100 300 000 403 500

33 Genetics and microbiology 2 750 2 500 5 000

34 Employment 145 450 48 200 75 250

15

35 Tourism 255 000 207 350 276 700

36 Education 410 770 204 250 255 000

37

Grain storage - - -

38 Duty-free shops - 8 250 2 750

39 Customs brokers 12 250 35 750 126 250

TOTAL 65 069 213 58 874 641 78 132 831

In 2010, if compared with 2008 and 2009, the most obvious increase in licence fee was

registered for the following types of activity: activity related to precious metals and gems

and pawnshop activities (124.0% and correspondingly, 14.6%); activity related to

gambling: organization and performance of lotteries, running casinos, operating cash slot

machines, establishing stakes in sports contests (29.4% and correspondingly, 45.4%);

activities of designing all types of buildings, town planning, installations and public

utility networks, reconstruction and restoration work (22.9% and correspondingly,

54.1%); collection, storage, processing, sale and export of ferrous and non-ferrous metals

waste and scrap, used accumulator batteries, including ones in processed condition

(207.0% and correspondingly, 199.0%); production, sale, technical maintenance and

repair of medical and optical devices (55.0% and correspondingly, 24.0%); healthcare

provided by private medical-sanitary institutions (41.5% and correspondingly, 34.5%);

activity of customs broker (930.0% and correspondingly, 253.0%).

Between 10.11.10 and 31.12.10, 69 licence applicants were registered. They benefited

from facilities provided in line with art. 18, par. (11) of the Law no. 451-XV as of 30 July

2001 regulation of the entrepreneurship activity licensing /Note: art. 18, par. (11)

foresees that „the licence applicants registered at least one year prior to submitting the

declaration for licence, the fee for licence issuance represents 50% from the established

fee. This provision shall not cover the licence applicants for the gambling activity,

alcohol, tobacco and oil production”/.

In 2010, 3 191 declarations to issue/prolong the licences were examined. Out of them,

168 were rejected. 1 413 applications were lodged to update the licences and out of them,

62 were rejected. The rejection had legal grounds, since the licence applicants/holders

would not meet the licensing conditions.

In 2010, out of 3 191 issuance/prolongation declarations lodged to the Chamber, 15.0 %

were examined in situ, to check whether the applicants would meet the licensing

conditions. It should be stressed upon the fact that in 2009, this indicator constituted 21.8

% of the total number of registered 3 116 declarations.

The documents attached to the licence issuance/prolongation declaration are partially

checked through the „Single Window” procedure (Governmental Decision no. 1068 as of

19.09.2008 on the establishment of the single window within the Licensing Chamber).

16

Chart no.2 Checking the legitimacy of the information submitted by the licence applicant/ holder

through the „Single Window” procedure of the Licensing Chamber

2.1.4 Evolution in number of valid licences and of the licensing process for the years

2002 – 2010.

Chart

no

.3 Evolution in number of valid licences

As of 31.12.2010, the number of valid licences increased by 57.1%, compared with the

number of valid licences in 2002 (the year when the competence to regulate the

entrepreneurship activity licensing was transferred to the Licensing Chamber). At the

same time, the number of valid licences decreased by 18.6% when the Law no. 176/2010,

entered into force.

17

Chart no. 4 Evolution of the of the licence issuance process

The number of issued/prolonged licences in 2010, compared with 2002 increased by 2.72

times. The analysis of the evolution in the licence issuance process for the years 2002 –

2010 reveals a decrease in the number of issued licences: in 2005 (by 18.75% compared

with 2004) and in 2008 (by 10.46 % compared with 2009). That was a consequence of

some amendments made to the Law no. 451-XV as of 30.07.2001 on regulation of the

entrepreneurship activity licensing, and namely:

1. Law no.214-XV as of 04.06.2004 (entered into force on 06.08.2004): the number

of types of activities decreased from 44 to 37; 10 types merged into five new types:

„assessment of real estate activity” with „goods expertise activity”; „activity in the field

of insurances” with „administration of pension funds assets; pawnshop activities” with „

Activity related to precious metals and gems”; „ production and/or sale of seeds and

planting stocks” with „Projecting of fruit-trees, bacciferous and vineyards plantations”;

„extraction of mineral resources” with „ production and bottling mineral and natural

drinking water”. The types of activities „prospection and archaeological works” and

„legal expertise” have been excluded from the list of types regulated through licensing.

2. Law no. 281 as of 14.12.2007 on amendment and supplement of some legislative

acts (entered into force on 10.06.2008): two types of activity subjected to licensing have

been transferred to the National Commission of Financial Market (since 1 October 2008):

„activity in the field of insurances (re-insurance); administration of pension funds assets”

and „activity of savings and loan associations”, while the type „ insolvency administrator

activity” has been excluded from regulation through licensing (since 10.06.2008).

18

Issuance of authorizations

In order to ensure a legal framework favourable to the business environment and efficient

enforcement of the „One Stop Shop”, an order of the Ministry of Economy no. 175 as of

12.10.2010, pass on the powers of the Ministry of Economy regarding the issuance of

authorizations foreseen by the Governmental Decisions no. 262 as of 07.03.2008 on tariff

quota administration for the export of goods to the European Union and no. 955 as of

21.08.2007 on regulation of import to the Republic of Moldova of products from the

member-states of the Central European Free Trade Agreement, no. 563 as of 10.09.2009

on approval of regulation on tariff contingencies administration for the import of white

sugar and sugar products and no. 134 as of 10.02.2009 on preferential regime for certain

types of sugar to the Licensing Chamber.

Since 01.11.2010, the Chamber has taken over the attributions related to issuance,

prolongation and records of authorizations for:

• the export of goods to the European Union in preferential regime;

• the preferential regime of import for certain types of sugar;

• the import of white sugar and sugar products;

• the import of products from the member-states of the Central European Free Trade

Agreement (CEFTA).

Between 01.11.10 and 31.12.10 71 authorizations have been issued. The number of

authorizations issued by the Licensing Chamber between 01.11.10 and 31.12.10 is shown

in Table no. 13.

Table no. 13 Number of authorizations issued by the Licensing Chamber between 01.11.10 –

31.12.10

Serial

no.

Authorization Total number of authorizations

issued between

01.01.10 – 31.12.10

1 Export of goods to the European Union in preferential regime

(wheat, corn)

66

2 Preferential regime of import for certain types of sugar -

3 Import of white sugar and sugar products (glucose, lactose and

dextrose)

5

4 Import of products from the member-states of the Central European Free Trade Agreement (CEFTA).

-

5 TOTAL 71

19

2.2. Control in the field of licensing and co-operation with the central and local public

authorities

In the reporting period, there 102 fortuitous controls on the observance of the licensing

conditions by licence holders, have been carried out: 43 controls based on notices issued

by the Institutions for Regulation and Control; 47 controls based on written notices

lodged in line with the provisions of the consumer protection legislation and 12 controls

based upon own initiative (grounds: art. 19 par. (5) and (10) of the Law no. 451–XV as

of 30.07.2001). The controls concerned the following types of activity:

a) based upon own initiative: pharmaceutical activity – 10 (two controls have been

carried out in order to check whether the licensed activity meets the submitted

notifications); chemical and toxic materials – 1;- gambling – 1;

b) based on notices: public transport – 27; pharmaceutical activity – 10;

employment - 12; constructions – 11; gambling - 8; tourism – 7; Production and

sale of ethyl alcohol – 6; healthcare – 2; veterinary healthcare – 2; duty-free

shops – 1; customs brokers – 1; technical maintenance and repair of medical

devices – 1; constructions design – 1; security – 1.

It shall be added that in 2010, there were no scheduled controls (in 2009, there were

63 scheduled controls).

Compared with previous years, a new approach was adopted in training the control teams

that are delegated to check the applicants, whether they meet the licensing conditions and

to check if the licence holders observe these conditions (the teams would always include

a representative of the legal department; the businesses having multiple financial

addresses were checked by various teams including different specialists; etc).

We shall underline that in the reporting period, 295 prescriptions (included repeated) on

removal of breaches to the licensing conditions were issued, aiming at assisting the

licence holders to meet the rigours of the legislation. Their number was with 113 higher

than in the same period of 2009.

For the breaches to the licensing conditions in deploying the activities regulated through

licensing, the Chamber adopted 94 decisions of temporary suspension/interruption of the

entrepreneurship activity and 228 decisions of licence withdrawal (in 2009, there were

100 and 213 accordingly).

In 2010, out of the total number of withdrawn licences, 141 were withdrawn upon licence

holder’s application. In 2009, 136 were withdrawn upon licence holder’s application.

20

Table no. 14 Number of controls, of examined declarations/applications and of decisions taken

in 2010, compared with 2009

Serial

no.

Activity index Period

01.01.09-

31.12.2009

01.01.10-

31.12.2010

1 Total number of controls 231 102

a) - scheduled 63 -

b) - fortuitous 168 102

2 Issued prescriptions 282 295

3 Adopted decisions of temporary suspension 100 94

4 Adopted decisions of withdrawal 213 228

a) - upon licence holder’s application 136 141

According to art. 19 par. (10) of the Law no. 451-XV as of 30.07.2001 on regulation of

the entrepreneurship activity licensing, should the institutions for regulation and control

reveal a breach of the licensing conditions, they must notify the licensing authority by

providing evidentiary documents. The statistical information on the notices lodged to the

Chamber by the authorities for regulation and control in 2010 is shown Table no. 15.

Table no. 15 Statistical information on the notices lodged to the Chamber between 01.01.2010 and

31.12.2010 by the authorities for regulation and control

No. Public authorities/

Actions taken by the Licensing

Chamber

Total

no. of

notic

es

Number of notices per field, with the type of activity

real sector Services delivery

sector

Special fields

1 Ministry of Interior and regional

subunits 17 6 6 5

- actions taken by the Chamber 5 FC; 4 P; 2 DW; 4FC; 3P;1

DR;1DN;

1 DN; 6 P(2 RP);

2 Ministry of Constructions and

Regional Development 7 7 - -

- actions taken by the Chamber 4 FC; 5 P (3 RP);

1 DN; 3 DW;

3 Ministry of Transport and Road 10 1 5 4

- actions taken by the Chamber 1 DR;

6 FC; 10 P; 2 DR; 1DRen;

2 P; 2 DN;

4 Ministry of Agriculture and

Food Industry 15 15 - -

- actions taken by the Chamber 64 P (11 PR); 8

DW;

5 The Medicines Agency 10 - - 10

- actions taken by the Chamber 1DN; 11 P; 2

DW;

6 Main State Tax Inspectorate 8 7 1 -

- actions taken by the Chamber 3FC; 2 DR;7

P(4RP)

1 FC; 2 P; 1 DR;

21

7 Centre for Combating Economic Crimes and Corruption

7 5 1 1

- actions taken by the Chamber 2 FC; 1 P; 4 DW; - 2 P(1 RP);

8 The Customs Office 3 - 3 -

- actions taken by the Chamber 1 FC; 3 P; 1 DN;

9 The Auditing Supervision

Council under the Ministry of

Finances of the RM

1 - 1 -

- actions taken by the Chamber 2 DW;

10 Labour Inspection 3 3 - -

- actions taken by the Chamber 2 P (1 RP); 2 DW;

11 State Ecological Inspectorate 1 1 - -

- actions taken by the Chamber 4 P (2 RP);

12 Main State Inspectorate for

Market Supervision, Metrology

and Consumer Protection

3 2 1 -

- actions taken by the Chamber 2 P; 2 P;

13 Prosecutor’s Office of Chisinau

municipality 1 - 1 -

- actions taken by the Chamber 1 FC;

14 Centre for Fighting against HT 3 - 3 -

- actions taken by the Chamber 2 FC; 1 P; 1 DW;

15 National Agency for

Employment 4 - 4 -

- actions taken by the Chamber 1 P;

TOTAL 93 47 26 20

Note: FC – fortuitous controls; P – prescriptions; RP – repeated prescription; DW – decision on withdrawal;

DN – decision on non-validity; DRen – decision on renewal.

Table no. 16 Study on the examination of referrals lodged to the Chamber in 2010 by the public

regulatory and control authorities (in line with the types of activity) and of undertaken actions

No. of the

type of

activity

Licensed type of

activity

Actions taken based on the examination of notices

Fortuitous

controls

Issued prescriptions Decisio

ns on

tempor

ary

suspens

ion

Decision on

non-

validity of

licenses

Decision

on

withdra

wal

1 2 3 4 5 6 7

01 Auditing - 2

(including one repeated)

- 2

04 Precious metals - 1 - 1 2

05 Gambling 2 6

(including two

repeated)

- - -

07 Local alcoholic

products

3 64

(including 11

repeated)

- - 3

09 Veterinary and pharmaceutical activity

1 - - - 1

10 Phytosanitary products - - - 5 -

11 Transport 6 16

(including three

repeated)

- 7 -

13 Constructions 15 14 - - 5

22

(including five repeated)

17 Toxic chemical

substances

- - - 1 -

18 Manufacturing of seals - 2

(including one

repeated)

- - -

19 Security activity 2 5

(including one

repeated)

- - -

23 Pyrotechnical items - 1 - - -

25 Pharmaceutical activity 7 13 (including five

repeated)

- 1 2

27 Healthcare 1 2

(including one

repeated)

- - -

28 Employment 2 84 - 3 -

29 Tourism 3 1 - - -

32 Customs broker 1 1 - - 1

Total 43 211 (including 30

repeated)

- 18 16

2.3 Legal activity

In 2010, the legal activity of the Licensing Chamber focused on the following:

- ensuring the legal assistance to

the structural subunits of the

Chamber;

- developing and carry out the

legal expertise of draft orders,

decisions, regulations and other legal

documents issued by the Chamber;

- representing the interests in

the court of law within the limits of

its competence, as foreseen by law

and to co-operate with law

enforcement bodies;

- providing legal assistance in

enforcing the provisions of the

legislation on regulation of the

entrepreneurship activity licensing;

- providing legal assistance to the activities related to co-operation and enforcing

the obligations of the Chamber within different national programs.

In 2010, the Licensing Chamber was party to lawsuits on the following matters:

- special procedure cases on withdrawal and declaration of non-validity of licences

– 124 case files;

23

- administrative cases, on cancellation of the acts issued by the Chamber – 11 case

files.

Pursuant the registered cases, the competent courts of law issued:

- 81 decisions on acceptance of Chamber’s

claims;

- 8 cases on declarations of licence non-

validity were rejected, with referral to

extra-judiciary proceeding.

With regard to nine cases, the court of law

rejected as groundless writs of summons

(subsequently, the decisions have been

challenged in line with the procedure and

shall be examined in 2011).

Currently, the Licensing Chamber is party

involved into 26 case files.

Despite the fact that 81 cases were admitted by the court of law, 43 grounded decisions

have not yet been lodged to the Chamber. The slow examination of litigations leads to

huge problems in managing and ensuring transparency to the Licensing Registry, since

the de jure situation of the businesses whose licence has been withdrawn remains

unknown. We shall mention therefore, that the data on court actions of the Chamber are

published on the official web site of the institution, in order to increase the on-line access

to all persons/authorities.

The classification of litigations the Chamber was involved into between 2008 and 2010,

in relation to the competence of the courts of law is shown in Graph no.7.

24

Chart no. 7 Number of litigations involving the Chamber for the years 2008-2010

In 2010, the number of cases the in which the Chamber was involved increased compared

with the previous years. This reveals the need to intensify the measure of prevention in

fighting against breaches of licensing conditions.

Concerning the results of the Chamber from the legal point of view, we shall disclose the

2010 litigations that have importance from the financial point of view. They were

generated by the cancellation of administrative acts based on court decisions (decisions

of the Chamber to withdraw the licences) in the period 2005-2006. The IIC „EDICT"

Ltd, „TANTAL - GRUP" Ltd and of „Cariera de Granit şi Pietriş din Soroca" JSC, claims

against the Chamber amount to 13 505 936 lei. The case files are being examined at the

trial court. Having examined the case files of IIC „EDICT" Ltd and „TANTAL - GRUP"

Ltd, the Supreme Court of Law ordered the remanding of the case for retrial in a court of

general jurisdiction, quashing the decisions of the District Economic Court and of the

Economic Court of Appeal to collect the claimed damages.

In December 2010, the de jure details of the case file „Bercut" Ltd versus Moldova were

remitted to the Representative of the Government to the ECtHR. In 2006, the Licensing

Chamber initiated a procedure to withdraw the licence of „Bercut" Ltd. The national

administrative court confirmed the lawfulness of licence withdrawal initiated by the

Chamber. Further on, „Bercut" Ltd used the right to lodge an application to the ECtHR.

Generalizing the experience in the field of regulating the entrepreneurship activity

licensing, in the reporting period, the Licensing Chamber issued and submitted proposals

regarding the amendment and supplement of some legislative acts regulating the licensed

types of activity and namely:

25

- Law no. 61 as of 16.03.2007 on auditing activity;

- Law no. 180 as of 10.07.2008 on labour migration;

- Law no. 110 as of 18.05.1994 on weapons;

- Law no. 283 as of 04.07.2003 on the activity of private investigators and

security;

- Law no. 267 as of 09.11.1994 on defence against arsons;

- Law no. 451-XV as of 30.07.2010 on regulation of the entrepreneurship activity

licensing, in order to include expressly and legally the educational-cultural

programs ,,Labour and trips” in the list of licensed types.

It shall be remarked that the proposals regarding the alignment of the national system of

regulation in the field of transportation to the European one, also aims at taking complex

and necessary measures to fight against illegal transportation.

Additionally, there were proposals to amend the Law no. 1100 as of 30.06.2000 on

production and sale of ethyl alcohol and alcoholic products, with regard to the need to

regulate the process of manufacturing, stocking and marketing of homemade wine.

Within the limit of its competences, there have been developed two notes on the draft

Law no. 285 as of 18.02.1999 on gambling; two notes on the draft Law to amend and

supplement the Law no. 1347 as of 09.10.1997 on wastes from manufacturing activity

and household waste and one note to the draft Law on waters.

Additionally, the Licensing Chamber launched a confidence telephone line in order to

prevent corruption and protectionism: 27-22-21.

To settle the issues related to implementation of the recommendations of the Committee

of Experts on the Evaluation of Anti-Money Laundering Measures of the Council of

Europe (MONEYVAL), the Governmental Order no. 65 as of 23.08.2010 created the

working group for taking the necessary measures to implement the Convention on

Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. One

representative of the Licensing Chamber is a member of the working group. Pursuant the

recommendations of the MONEYVAL Committee of Experts, reflected in the second

evaluation report of the RM, the Chamber formulated and submitted proposals to the

working group, aiming at adjusting the national legal framework to the European

requirements in the field:

1. Law no. 190-XVI as 26.07.2007 “on prevention and fight against money laundering

and terrorism financing” (proposal to empower the Licensing Chamber as body

supervising the reporting entities);

2. Law no. 451-XV as of 30.07.2001 „on regulation of the entrepreneurship activity

licensing” (to delegate some new attribution to the Licensing Chamber on supervision,

monitoring and identification of sources for activities and of persons running the

26

business, and therefore, of the beneficiary; establishment and management of a

database on natural persons who run businesses and on beneficiaries foreseen in art. 4

of the Law 190/2001; completion of the list of documents to be enclosed to the

declaration of licence issuance; enlargement of the grounds to withdraw the licences in

case of disclosure of money laundering and terrorism financing activities among the

activities of licence holders; conclusion on bilateral agreements with similar foreign

authorities in the fields of activity and for information exchange);

3. Laws no. 282-XV as of 22.07.2004 „on the regime of precious metals and gems”, no.

285-XIV das of 18.02.1999 „on gambling”, no. 989-XV as of 18.04.2002 „assessment

activity” and no. 61-XVI as of 16.03.2007 „on auditing activity” (addition of

provisions on observing the Law no. 190/2001 and amendment to the grounds to

withdraw the licences in case of disclosure of money laundering and terrorism

financing activities among the activities of licence holders);

4. Establishment of legal norms that will ensure the access of the Licensing Chamber to

the databases of other public authorities in order to obtain/check the relevant

information on the identity of the natural/legal persons, on the sources or available

financial means, on the registered income, on the affiliation degree, on the import of

goods for the licensed activity, etc.

2.4 International Co-operation

In 2010, the Chamber took efforts to strengthen the co-operation with international

institutions. We could speak of the sustainable relationship with the „Business

Regulatory and Tax Administration in Moldova Project (USAID|BIZTAR)”. The

representatives of the Chamber contributed to the development of studies on permissive

acts issued to the central public authorities and to the „Report on ways to improve the

licensing procedures”.

During a meeting with the World Bank, the opportunities to include licensing as a

beneficiary segment of the WB Project "Moldova Governance eTransformation" were

discussed. A representative of the Chamber participated in a training workshop on a

similar topic. In December, a working meeting was organized together with the project

team which tackled the future short and middle term output.

The co-operation with the EU Project „Support for the implementation of the agreements

between the Republic of Moldova and European Union”, within the framework of a

European expert in the field of gambling is also worth being mentioned.

A discussion with the representatives of the European Union High-Level Policy Advise

Mission to the Republic of Moldova (EUHLPA) revealed the opportunities to develop a

27

study on the regulation through licensing or permissive acts of entrepreneurship activity

framework at the EU and other states level.

The representatives of the Licensing Chamber participated in two working meetings with

the regional partners and introduced the objectives of activities of the Chamber.

Additionally, the meeting tackled the perspectives of institutional development of the

licensing authority and of the entrepreneurship activity regulatory process. The Chamber

delegated representatives to the visits in the field of the working groups of the Ministry of

Economy as well.

The Chamber launched a co-operation with Victorian Commission for Gambling

Regulation from Australia. Upon request, the Chamber provided relevant information on

licence holders in the field of gambling.

2.5 Licensing Register

According to art. 22 of the Law no. 451-XV as of 30.07.2001 on regulation of the

entrepreneurship activity licensing, the Licensing Chamber ensured the keeping of the

Licensing Register both on paper and in electronic format. The electronic version is

posted on-line, on the web page of the Chamber – “www.licentiere.gov.md”. The lists of

withdrawn, suspended/interrupted or non-valid licences, as well as the lists of actions

taken by the Chamber to the court of law on the suspension of the entrepreneurship

activity or withdrawal of licences are updated on a daily basis.

In 2010, the number of web page access increased, if compared with 2008 and 2009 (by

600 % and 18.3 % accordingly).

Table no. 17 Number of visits on the official web page of the Chamber between 2008 and 2010

Number of visits

Period

01.01.08 – 31.12.08

Period

01.01.09 – 31.12.09

Period

01.01.10 – 31.12.10

11 000

65 370

77 370

Certain objectives situations make the information contained in the Licensing Register

not correspond to the current situation (chapter “withdrawn licences”): for instance,

although the court issues a favourable decision to the Chamber, these changes will not be

made in the Register in the absence of the decision of the court of law on paper).

2.6 Management of documents

The management of documents and petitions lodged to the Chamber in 2010 was carried

out incompliance with the „Rules to indite the organizational and order documents and

the instruction-type on keeping secretariat papers at the special central public

administration and local self-administration bodies of the RM and the Rules to indite the

28

organizational and order documents ”, approved through the Governmental Decision no.

618 as of 05.10.1993, as well as „Instructions on keeping secretariat papers on the

petitions of natural/legal persons towards enterprises, institutions and organizations of the

RM”, approved through the Governmental Decision no. 208 as of 31.03.1995.

Table no. 18 Management of documents and claims received in 2010

Nr. Title of the document Received documents

I. Documents: Number

I Input correspondence 2655

1. Intercessions, notifications of the public authorities 621

- including notifications of competent bodies 93

2. Intercessions, notifications of the businesses 269

3. Letters of notification of the businesses 1256

II.. Claims from natural and legal persons 159

1. In written form 61

2. In electronic format 98

- enquiry of data from the Licensing Register 24

- requests for the explanations with regard to certain provisions of the

legislation

14

- different requests with regard to areas the Chamber is competent in 60

III. Output correspondence 2086

In the reporting period, the Chamber received 159 petitions from natural/legal persons -

61 were lodged to the secretariat and 98 were received via e-mail. Their examination was

carried out in compliance with the procedure and within the terms set by the Law no.

190-XIII as of 19.07.1994 on petitions.

Out of 98 electronic appeals to the Licensing Chamber, 24 requested information from

the Licensing Register on businesses holding licences, 14 requested the interpretation of

normative acts, while 60 petitions requested consultation in various areas.

In 2010, the average term of examination and reply to the appeals used to be 10 days,

while the average term to reply to electronic appeals was five days.

A great number of petitions could be classified as anonymous, in line with the Law no.

190/1994, since there missed the name, the surname and the address. Nevertheless, all

those petitions were examined.

Based on the legal provisions on institutions’ granting access to information and ensuring

transparency in the decision making process, in 2010, the Licensing Chamber developed

and approved the Regulation on the rights and obligations of the public officers in

delivering documents and official information and also, the Internal Rules on

information, consultation and decision approval. An internal order of the institution

appointed a person in charge with the official information delivery procedure and with

the coordination of the public consultation process in the decision making. The

information of reference was posted on the web page of the Chamber.

29

Much attention was paid to the examination of those 61 petitions lodged to the

secretariat. 43 were complaints on the activity of the businesses holding licences that

would request application of sanctions in relation with concerned businesses; 14 petitions

requested information and data on licence holders.

Table no. 19 The number of claims per types, lodged to the Chamber by legal and natural

persons in 2010, compared to year 2009

Nr.

d/o

Type of activity 2009 2010

Period

01.01.09 – 31.12.09

Period

01.01.10 – 31.12.10

1. Transport 41 62

2. Constructions 8 34

3. Employment 10 12

4. Tourism 15 12

5. Precious metals 3 1

6. Education 8 4

7 Goods assessment 1 1

8 Pharmaceutical activity 5 15

9 Healthcare 4 3

10 Gambling 6 10

11 Security - 3

12 Fire alert systems - 1

13 Grain storage - 1

* Total number of claims from citizens and legal persons 101 159

2.7 Technical and material basis

The Licensing Chamber benefited from a set of equipment to build the capacity of the

„One Stop Shop”. It includes 14 computers, 3 copiers, and a HP ProLiant ML110 G6

server, as part of the assistance provided by the Ministry of Economy to the WB Project

„Enhancing competitiveness”. The equipment was installed in the room for documents

reception.

In order to ensure a constant temperature regime, in line with the technical norms, the

room where the server was set was equipped with an excellent air-conditioner (Haier –

HSU 09RE03/R2), procured and installed with the support of the USAID|BIZTAR Project.

The General Department for the administration of the premises of the Moldovan

Government made an overall refurbishment of 12 offices of the Chamber and of the

protocol hall. They were equipped with air-conditioner and furniture.

2.8 Key-objectives of the Licensing Chamber for the year 2011

- To develop the practice of proper application and implementation of the normative

acts in the field of regulation of the entrepreneurship activity licensing;

- To build the institutional capacity and increase the number of proposals issued in the

field of regulation through licensing based on a generalized experience, so as to

30

remove the gaps and controversial legal provisions;

- To comply with the best international practices on regulation of the entrepreneurship

activity licensing and setting of co-operation relationship with similar foreign

institutions;

- To build the capacity of the „One Stop Shop” of the Chamber, so as to develop and

implement an electronic system of on-line declarations on licence issuance for certain

types of activity, their prolongation or renewal; to co-ordinate the acts of the

applicants/licence holders with other public authorities via electronic networks;

- To enhance the mechanisms of control over the observance of licensing conditions

based on risk management by licence holders. To promote the bona fide principle

and to increase the legal culture of licence holders;

- To set sustainable co-operation relationships with the WB Project "Moldova

Governance eTransformation" and to reinforce the partnership with USAID|BIZTAR

Project”, „Business Regulation and Tax Administration Reform in Moldova”;

- To identify new development partners to promote the activities of the Chamber with

regard to: building and developing the capacities of the “One Stop Shop”;

development and implementation of certain joint programs of training for the staff of

the Chamber (including trainings abroad), representatives of concerned public

authorities and organizations promoting the interests of licence holders;

- To increase the quality of Chamber’s presence in the co-operation with other public

authorities, applicants and licence holders, with law enforcement bodies,

legal/natural persons, by strengthening and enlarging the scope of relationship;

- To optimize the expenditures and to reinforce the financial discipline of the

institution;

- To improve the proficiency of the staff by enlarging the knowledge, through trainings

and a better adaptation to the legislative changes;

- To ensure transparency in the activity of the Chamber and to develop a permanent

dialogues with the mass media.