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LAW ON GOVERNMENT

OF THE REPUBLIC OF MOLDOVA

Section I.

Article 1. Government of the Republic of Moldova executive administrative entity of


the Republic of Moldova.

In accordance with the Constitution (Main Law) of the Republic of Moldova the
Government of the Republic of Moldova is an executive administrative entity of the
Republic of Moldova and submitted to the President of the Republic of Moldova. The
Government settles all the questions of state governing which according to
Constitution (Main Law) of the Republic of Moldova and the present Law are in its
competence. The Government on the basis and in order to execute laws of the
Republic of Moldova, enactments of the Parliament of the Republic, decrees and
regulations of the President of the Republic of Moldova adopts and issues orders,
organises and check their execution. Enactments and orders of the Government are
compulsory for execution in all the territory of the Republic of Moldova.

Article 2. Main principles of activity of the Government of the Republic of Moldova

The Government in its activity:


1) is guided by the Constitution (Main Law) of the Republic of Moldova, other laws of
the Republic, decrees and orders of the President of the Republic of Moldova;
2) is based on the principles of democracy, legality and public benefit;
3) provides collective nature and personal responsibility of members of the
Government in the process of elaboration, adoption and execution of decisions;
4) ensures application of scientific bases of management, takes into account and
utilises international experience in the field of state construction.

Article 3. Main directions of the activity of the Government of the Republic of


Moldova

According to its competence the Government of the Republic of Moldova:


1) creates conditions for achievement and ensuring economic and political
sovereignty of Moldova;
2) elaborates concept of social economic development, of the Republic, program
and mechanism of transition to market economy;
3) provides freedom of entrepreneurship, privatisation of and de monopolisation of
economy, development of market relations;
4) elaborates strategy of scientific technical development, executes national policy in
the field of science, technique, technology; solves questions of state regulation of
scientific technical progress;
5) guarantees to all subjects of ownership freedom of economic activity, diversity
of forms of property and their equality, takes care after safety of property;
6) performs economic collaboration with union republics and foreign countries in
the conditions of renovation of federal system of management, development of
contractual relations, formation of market infrastructure, European and international
integration;
7) ensures that every worker receives income depending on the results of his labour for
the society;
8) forms reliable system of social protection of population, creates conditions to
improve living standards, to meet cultural and spiritual needs of the citizens of the
Republic;
9) pursue an active policy of health protection of the population;
10) ensures rational utilisation and preservation of natural resources, ecological
protection of the population and environment;
11) contributes to development of independence of state governing entities on all
levels;
12) provides legality, observance of public order, rights and freedom of citizens;
13) pursues policy of national security, manages the activity of on protection of the
Republic of Moldova;
14) provides observance and execution of laws of the republic, decrees and orders of
the President of the Republic of Moldova, laws of the Soviet Union, and other
normative decrees ratified by the Parliament of the republic of Moldova and also
international contracts and agreements which are valid in the territory of the Republic
of Moldova;
15) pursues foreign policy in accordance with its competence.

Article 4. Composition and procedure of formation of the Government of the Republic


of Moldova

Government of the Republic of Moldova is formed of: Prime Minister, his first
deputies, deputies, ministers and chairmen of state committees of the Republic of
Moldova.
Only citizens of the Republic of Moldova can be members of the Government of the
Republic.
Government of the republic of Moldova is formed by the Parliament of the Republic of
Moldova on the proposal of the President of the Republic of Moldova. Changes in the
composition of the Government of the Republic of Moldova are done in the same
procedure.
President of the Republic of Moldova can assign and the Parliament can approve in the
position not more than 21 minister independently of the number of ministries. In case
the Parliament of the Republic of Moldova declines the proposed candidate to the
Government of the Republic of Moldova President of the Republic of Moldova keeps
the right to promote this candidate for the second time or to propose a new candidate.
Newly formed Government of the Republic of Moldova presents for consideration and
approval of the Parliament of the Republic not later than within three months period
the program of activity for the period of its office. Government of the Republic of
Moldova resigns its commission to newly elected Parliament of the Republic of
Moldova at its first session. Under the decision of the Parliament of the Republic of
Moldova the Government fulfils its duties until new Government is formed.

Article 5. Responsibility and accountability of the Government of the Republic of


Moldova

Government of the Republic of Moldova is responsible to the President of the


Republic of Moldova and Parliament of the Republic of Moldova and is accountable to
them. Members of the Government bear responsibility in accordance with laws of the
Republic of Moldova.
Government of the Republic of Moldova at least once a year reports on its work to the
Parliament of the Republic. Ministers and chairmen of state committees of the
Republic report to them on their work.
Members of the Government of the Republic of Moldova to whom at the session of the
Parliament of the Republic of Moldova requests of the people’s deputies concerning
the activity of the Government or its subordinated entities were addressed are obliged
orally or in writing to answer them in the procedure envisioned by the law.
Government of the Republic of Moldova discusses decisions concerning activity of the
Government of the Republic or its subordinate entities elaborated by the commissions
of the Parliament of the Republic of Moldova, informs commissions on the results of
consideration of decision or on measures taken in this respect.
Seat ings of the Government of the Republic of Moldova are closed, as a rule. Under
decision of the President of the Republic of Moldova or Prime Minister of the
Republic of Moldova they can be open. People’s deputies of the Republic of Moldova
can participate in seatings of the Government.
Government of the Republic of Moldova ensures publicity of its activity. Members of
the Government of the Republic in the course of work of the session of the parliament
in cases when it is necessary answer current questions of the people’s deputies of the
Republic of Moldova.

Article 6. Right of the Government of the Republic of Moldova to resign.

Government of the Republic of Moldova has the right to resign in case it considers
itself incapable to fulfil the program of the activity of the Government. Each member
of the Government has the right to resign too. Decision on resign of the Government of
the Republic of Moldova as a whole or each member of the Government separately is
carried out if more than a half of total number of elected people’s deputies of the
Republic of Moldova voted for it.
Resigned Government of the Republic of Moldova executes its duties until new
Government of the Republic of Moldova is formed.

Article 7. Expression of vote of non confidence to the Government of the Republic of


Moldova
Parliament of the Republic of Moldova, President of the Republic of Moldova can
express vote of non confidence to separate members of the Government as well as to
the Government of the Republic as a whole.
Decision on expression of vote of non confidence to the Government of the Republic
of Moldova as a whole is adopted if not less than two thirds of total number of elected
people’s deputies of the Republic of Moldova vote for it. Decision on expression of
vote of non confidence to some members of the Government of the Republic of
Moldova is adopted if more than a half of total number of elected people’s deputies of
the Republic of Moldova vote for it.

Article 8. Participation of the Government of the Republic of Moldova in the work of


the Parliament of the Republic

Prime Minister and members of the Government of the Republic of Moldova are
entitled to participate in the work of sessions of the Parliament of the Republic of
Moldova, seatings of commissions and express their opinion on the issues being
discussed.

Article 9. Social guarantees of the member of the Government of the Republic of


Moldova

Members of the Government of the Republic of Moldova have equal social guarantees
and cannot have advantages which are not envisioned by the legislation. In case of
reorganisation of the Government of the Republic of Moldova, resignation of the
Government or of some of its members and also after the period of their commission
expires members of the Government of the Republic of Moldova have the
corresponding social guarantees.

Section II. Competence Of The Government Of The Republic Of Moldova

Article 10. General questions of competence of the Government of the Republic of


Moldova

Government of the Republic of Moldova according to its authorities:


1) implements laws of the Republic of Moldova, decrees and orders of the President of
the Republic of Moldova and performs monitoring of execution of decisions of the
Government;
2) determines functions of ministries, state committees and departments of the
Republic, other entities and organisations, coordinates and controls their activity,
determines total sum of expenses in the limits envisioned by the Parliament of the
Republic of Moldova for governing entities;
3) coordinates and controls activity of executive local self governing entities of the
Republic of Moldova;
4) fulfils programs of economic and social development of the Republic, creates
conditions for functioning of self government;
5) manages entities of the protection of the territory, security of the Republic of
Moldova and its citizens;
6) ensures execution of domestic and foreign policy of the republic of Moldova.

Article 11. Main authorities of the Government of the Republic of Moldova in the field
of social development, education, culture and health care

Government of the Republic of Moldova:


1) implements common state policy on providing living standard of the population of
the Republic not lower than minimal, officially established and corresponding to the
level of economic development of the Republic of Moldova;
2) pursues state policy in the field of regulation of migration processes, implements
and improves integral program in the field of demography;
3) strives to have employment for all able to work population of the Republic,
guarantees creation of normal conditions for work and rest, social provision;
4) provides social economic conditions, creates material technical base and special
funds for development of education, culture, religious cults, health care, protection of
environment;
5) elaborates strategic directions of development of urbanism, municipal economy;
6) takes measures on provision the population with food, consumer goods, medicines,
services;
7) directs activity on protection of historical and cultural monuments, ensures
execution of the legislation on freedom of conscience;
8) provides preservation and development of the state language of the Republic
and languages of national minorities which live in the Republic of Moldova;
9) supports creation of national communities of Bessarabians and Bucovinians who are
living outside of the Republic, including other countries, takes care of them, develops
different forms of collaboration;
10) provides development of tourism, recreational economy, physical culture and
sport.

Article 12. Main authorities of the Government of the Republic of Moldova in the field
of economy

Government of the Republic of Moldova:


1) on the request of the Parliament of the Republic performs functions of the owner of
state property, creates appropriate conditions for development of all types of property;
2) utilising economic and legal means regulates activity of all branches of economy
and subjects of ownership in the territory of the republic of Moldova;
3) establishes rational proportions of utilisation of national income including for
development of economy of the Republic, elaborates, coordinates and implements
programs of its economic and social development;
4) pursues common policy in the field of labour payment;
5) organises and regulates foreign republican economic activity;
6) issues permissions on economic activity, licenses;
7) elaborates and presents to the Parliament of the Republic drafts of normative
acts on programs of economic and social development;
8) organises elaboration and execution of republican complex programs;
9) takes measures on protection and rational utilisation of land, its natural resources,
water resources, flora, fauna, preservation of pure air, and ensuring of reproduction of
all biological systems;
10) pursues investment policy taking into account perspective structure of economy;
11) gives money for assistance to the regions of the Republic and branches of its
economy which have difficulties or which need accelerated development;
12) determines order of disposing specially established funds for social economic
development of the Republic;
13) ensures organisation of common system of accounting and statistics;
14) organises elaboration and implementation of state standards.

Article 13. Main authorities of the Government of the Republic of Moldova in the field
of finance, credit, taxes, prices and money circulation

Government of the Republic of Moldova:


1) elaborates and adopts decisions on implementation of policy of the Republic in the
field of finance, credit, money circulation;
2) elaborates and presents for consideration and approval to the Parliament of the
Republic draft laws on state budget of the Republic and organises their execution;
3) implements policy of the Republic in the field of prices, pricing, establishes system
of prices;
4) implements customs and currency financial policy, establishes quotas and customs
duties.

Article 14. Main authorities of the Government of the Republic of Moldova in the field
of labour and wages

Government of the Republic of Moldova:


1) implements policy in the field of employment, labour and wages, takes measures
on its improvement;
2) elaborates system of training, re training and improvement of skills of the staff,
ensures its implementation.

Article 15. Major authority of the Government of the Republic of Moldova in the
sphere of science and technique

The Government of the Republic of Moldova:


1) pursues integral policy in the sphere of science and technique providing logistical
support necessary for their development;
2) ensures the development and implementation of the programs for development
of science and technique establishing special republican funds.
Article 16. Main authority of the Government of the Republic of Moldova in
enforcement

The Government of the Republic of Moldova:


1) takes measures for ensuring rights and freedoms of citizens, protection of interests
of the Republic of Moldova, and protection of public order;
2) ensures enforcement control for ministries, state committees, departments,
inspections, enterprises, institutions, and organisations operating on the territory of the
republic;
3) drafts laws with the purpose of improvement existing legislation and legal
administration in social and economic spheres.

Article 17. Major authority of the Government of the Republic of Moldova in security
and defence of the republic

The Government of the Republic of Moldova ensures the territorial integrity and
security of Moldova by means of setting up republican military units comprised of
Moldovan citizens, upgrading the efficiency of the Ministry of Internal Affairs,
Committee for National Security, Republican Military Secretariat, Society of
Volunteers for Assistance to Army, Aviation, and Fleet, and Civil Defence Centres that
are subordinate to the Republican Government. The Government of the Republic of
Moldova takes actions regarding the protection of the interests of its citizens that are
on the military service outside the republic.

Article 18. Major authority of the Government of the Republic of Moldova in foreign
policy

The Government of the Republic of Moldova :


1) enters into agreements with foreign countries and international organisations and
ensures their implementation;
2) establishes close relations of the Republic of Moldova with foreign countries
and international organisations, and ensures exchange of information, students and
specialists;
3) submits to the Parliament of the Republic of Moldova proposals on setting up
Moldovan representative offices in foreign countries and foreign representative offices
in Moldova;
4) represents the Republic of Moldova in international relations.

Section III. Moldovan Government Relations With Other State Entities

Article 19. Moldovan Government relations with local authorities

The Government of the Republic of Moldova:


1) exercises control over the observance and implementation by local authorities of
Moldovan laws, Parliament’s resolutions, Presidential decrees and orders, and
Governmental decisions;
2) directs units and industries of national importance jointly with local authorities;
3) coordinates the activity of local authorities in implementing public policy in the
sphere of welfare, health care, education, culture, and environment;
4) suspends and appeals by laws provided they contradict the Constitution (Main Law)
and other laws of the Republic of Moldova.

Article 20. Relations of Moldovan Government with the USSR Government and
governments of union republics

The Government of the Republic of Moldova collaborates with the USSR Government
and governments of union republics on the basis of agreements. In view of ensuring
permanent relations of Moldovan Government with the USSR Government and
governments of union republics Moldovan representative offices set up by Moldovan
Government by the decision of its Parliament in Moscow and capitals of union
republics.

Article 21. Supervision of ministries and other bodies of the Republic of Moldova

The Government of the Republic of Moldova:


1) supervises the work of ministries, state committees, Governmental commissions,
departments, and inspections of the Republic of Moldova;
2) approves regulations on ministries, state committees, departments, public services,
inspections, and governmental commissions of the Republic of Moldova;
3) appoints and fires deputy ministers of the Republic of Moldova and deputy heads of
other bodies that are within its jurisdiction, approves and fires members of Boards of
Moldovan ministries and other bodies that are within its jurisdiction.

Article 22. Ministries and state committees of the Republic of Moldova

Ministries and state committees are the central bodies of executive power in the
republic. They are headed by ministers and chairmen that are personally responsible
for duties imposed on them. By reference to their objectives ministries and state
committees are entitled to change their staff by means of making amendments to
labour agreements and testing public servants. Ministries and state committees
implement the policy of the Republic of Moldova, its decrees and resolutions based on
republican laws, Presidential decrees and orders, and head entrusted areas of
management in accordance with their authority. Ministries and state committees
project the development of areas of their activity on the basis of world experience,
market conditions, draft programs of scientific, technical, social, and economical
development, deal with social protection of their employees, provide personnel
training, including of those abroad.
Article 23. Departments, state services, inspections and state commissions of the
Republic of Moldova

Departments, state services, inspections are established by the decrees of the President
of the Republic of Moldova in order to perform management, coordinating activity and
control in the field of organisation of economy and other fields, which do not
subordinate directly to the ministries.
State departments are headed by general directors, state services and inspections by
directors. General directors of state departments are appointed to positions by the
President of the Republic of Moldova and are approved in their positions by the
Parliament of the Republic of Moldova.
Departments, state services and inspections perform control of execution of laws of the
Republic, decrees and orders of the President of the Republic of Moldova, decisions of
the Government of the Republic of Moldova. Number of state departments is
determined by the President and approved by the Parliament of the Republic of
Moldova.
Government of the Republic of Moldova can create permanent and interim
commissions in order to study and elaborate decisions on important questions of
development of economy, policy, in the field of finance, credit, prices, currency, money
circulation and also in social field, in the field of education, culture and other spheres
of life. Commissions are created out of employees of ministries and in some cases out
of scientists and specialists on presentation of Prime Minister of the Republic of
Moldova or his deputies. Prime Minister, his deputy, minister or other person
appointed by the Government manages the work of the commission.

Article 24. Control of the Government of the Republic of Moldova of the activity of its
subordinate entities

Government of the Republic of Moldova performs permanent control of the work of


ministries, state committees and departments, its other subordinate entities. Prime
Minister of the Republic of Moldova can demand a report on the executed work from
every minister, chairman of state committee, chief of the department and inspection of
the Republic of Moldova.

Section IV. List Of Ministries, State Committees And Departments Of The


Republic Of Moldova

Article 25. Ministries, state committees and departments of the Republic of Moldova

The following ministries and state committees work in the Republic of Moldova:
Ministry of National Economy Ministry of Agriculture and Food Ministry of Industry
and Energetics Ministry of Construction Ministry of Material Resources Ministry of
Transport Ministry of Trade Ministry of Finance Ministry of Informatics, Information
and Communication Ministry of Health Care Ministry of Culture and Cults Ministry of
Science and Education Ministry of Justice Ministry of Labour and Social Protection
Ministry of Internal Affairs Ministry of Foreign Affairs State Security Committee
Under the subordination of the Government the following state departments work:
State Department on Gasification State Department on Architecture, Urbanistics and
Supervision on Performance of Construction State Department on the Youth and Sport
State Department on Tourism State Department on Publishing Houses, Poligraphy and
Book Trade State Department on Agrarian Reform State Department on Light Industry
State Department on National Issues State Department on Technical Supervision State
Department on Standards and Metrology State Department on Military Issues State
Department on Customs Control.

Section V. Organisation Of Work Of The Government


Of The Republic Of Moldova

Article 26. Seatings of the Government of the Republic of Moldova and procedure of
carrying out decisions

Seatings of the Government of the Republic of Moldova are held when it is necessary
but at least once a quarter. Decisions at the seatings are adopted by the majority of
votes of the members of the Government. Government of the Republic of Moldova at
its seatings considers: program of its activity; drafts of concepts and forecasts of
economic and social development of the Republic; drafts of the most important
republican programs; draft of the budget of the Republic of Moldova; reports of the
Government of the Republic of Moldova presented for consideration of the Parliament
of the Republic of Moldova or President of the Republic of Moldova; questions of its
resigning; other major important questions of domestic and foreign policy of the
Republic of Moldova.
At the seatings of the Government the President of the Republic of Moldova or Prime
Minister of the Republic of Moldova is a chairman.

Article 27. Presidium of the Government of the Republic of Moldova

To provide everyday management of economy and settlement of other questions of


state governing there is a Presidium of the Government of the Republic of Moldova in
the composition of Prime Minister his first deputies, deputies and State Minister of the
Republic of Moldova. Upon the decision of the President of the Republic of Moldova
other members of the Government of the Republic can be included in the Presidium of
the Government of the Republic of Moldova. At the seatings of the Presidium of the
Government of the Republic of Moldova the President of the Republic of Moldova or
Prime Minister of the Republic of Moldova is a chairman.

Article 28. Prime Minister of the Republic of Moldova

Prime Minister of the Republic of Moldova is a head of the Government of the


Republic of Moldova and manages its activity. Prime Minister of the Republic of
Moldova:
1) on the request of the President of the Republic of Moldova holds seatings of the
Government of the Republic of Moldova;
2) in cases of emergency makes decisions on issues of management of the Republic of
Moldova in the limits of competence of the Government of the Republic and informs
the Government about it at the next seating;
3) ensures collegiality of work of the Government of the Republic of Moldova ;
4) carries out decisions on the issues of state management which do not need to be
considered at the seating of the Government of the Republic of Moldova;
5) presents for consideration of the Presidium of the Government of the Republic of
Moldova or to President of the Republic of Moldova question concerning promotion or
imposing disciplinary punishment upon the member of the Government of the Republic
of Moldova.
Prime Minister together with the Constitution (Main Law) of the Republic of Moldova
has also other authorities envisioned by the present law and other laws of the Republic
of Moldova.

Article 29. First deputies and deputies of the Prime Minister of the Republic of
Moldova

First deputies and deputies of the Prime Minister of the Republic of Moldova perform,
according to their responsibility, coordination of the activity of the ministries, state
committees and other entities subordinate to the Government, control of their work and
give to them in the operational order orders concerning execution of decrees and
orders of the Government of the Republic of Moldova and concerning other issues of
their activity; preliminary consider proposals and drafts of regulations and orders,
which have been introduced in the Government of the Republic of Moldova. In case
there is no Prime Minister of the Republic of Moldova his functions are executed by
the first deputy of the Prime Minister.

Article 30. Members of the Government of the Republic of Moldova

Members of the Government of the Republic of Moldova:


– bear responsibility for the spheres of activity which are in their competence and for
the activity of the Government of the Republic of Moldova as a whole;
– participate in consideration of issues at the seatings of the Government of the
Republic of Moldova and its Presidium;
– can make proposals to the Government of the Republic of Moldova concerning
consideration of questions which are in its competence, to initiate making decisions of
the Government of the Republic of Moldova;
– are not entitled to have other positions in state, cooperative and public enterprises,
offices and organisations.

Terms of labour payment and material everyday provisions of members of the


Government of the Republic of Moldova are determined by the President of the
Republic of Moldova in accordance with the Parliament of the Republic of Moldova.
Article 31. Enactments and orders of the Government of the Republic of Moldova

Decisions of the Government of the Republic of Moldova, its Presidium are adopted in
the form of enactments and orders of the Government. Enactments of the Government
of the Republic of Moldova and its Presidium are signed by the Prime Minister of the
Republic of Moldova. Orders of the Government of the Republic of Moldova and its
Presidium are signed by the Prime Minister or one of his first deputies or one of his
deputies. Enactments and orders of the Government of the Republic of Moldova and
its Presidium come into power since the moment of their adoption if something
different is not envisioned by these acts. Enactments of the Government of the
Republic of Moldova which are of normative character are published in “Monitorul of
the Parliament of the Republic of Moldova” and in case it is necessary to make wide
and immediate publicity for it they can be announced via mass media.

Article 32. State Chancellery of the Republic of Moldova

To prepare analytical, information and other materials, elaboration of corresponding


proposals, preparation of drafts of laws, enactments and orders, systematic check of
their fulfilment there is a union entity subordinated to the President and the
Government of the Republic of Moldova State Chancellery of the Republic of
Moldova headed by the State Ministry of the Republic of Moldova.
In order to consult President of the Republic of Moldova, Prime Minister of the
Republic of Moldova, deputies of the Prime Minister and ministers on general issues
of management of the state and economy there is an institute of consultants in the State
Chancellery of the Republic of Moldova. Structure, staff, terms of labour payment and
material everyday provision of employees of the staff of the State Chancellery of the
Republic of Moldova and maintenance costs are determined by the President of the
Republic of Moldova. Functions of State Chancellery and duties of State Minister of
the Republic of Moldova, his deputies and employees are determined by the
Regulation approved by the President of the republic of Moldova.
All normative acts with the exception of external ones and clerical work are
maintained in the state language. State employees are obliged to know state and
Russian languages. In the structure of the Government of the Republic of Moldova and
ministries party organisations and public movements cannot be established and work.

Adopted on May 31, 1990 with amendments introduced by laws of the Republic of
Moldova dated May 17, 1991 582 XII, May 20, 1991 584 XII, May 22, 1991 588 XII
and May 23, 1991 589 XII.

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