Article 36.

Private education
(1) Private education institutions may be created, reorganized or liquidated
at the initiative of natural persons and legal entities, under the terms of
the law.
(2) Public authorities, public institutions, enterprises and other state
organizations may not be founders of private educational institution.
(3) Private education shall be organized and shall function on non-for-profit
principles and shall strictly apply state educational standards.
[Para.3 Article 36 as modified under Law no. 1208-XIV of 28.07.2000]
(4) State registration and licensing is a prerequisite for the performance of
private educational institution. Name of private educational institutions will
include its type in accordance with the law.
(5) The statutory capital of private educational institution should ensure the
goals established in this law and stipulated in institutional statute and
cannot be withdrawn during the activity of the educational institution,
except as provided by law.
(6) The founding capital must be paid in full by MDL on account of private
educational institution at the time of application for registration.
(7) Statutory minimum capital threshold for private educational institutions is
established in the amount of:
1. 1 million lei - for higher education and specialized institutions;
2. 500 000 lei - for secondary education institutions;
3. 300 000 lei - for institutions of primary education, preschool and other
educational establishments.
(8) The enrollment in private education institutions shall be performed
according to the provisions established by the Ministry of Education for
state institutions.
(9) The scholars and students from private education may transfer to state
education institutions, under the terms established by the Ministry of
Education and the relevant ministries.
(10) Graduates
of private educational institutions which have supported the graduation exams are issued
study documents in accordance with this law. If the educational institution was not accredited during
the academic year, graduates of the particular year will support exams, with the approval of the
Ministry of Education, in an accredited educational institution. The diplomas or certificates
issued by non-accredited private education institutions shall be
acknowledged as equivalent of study certificates of state education, if the
graduation exams have been taken according to the state educational
standards before a commission appointed by the Ministry of Education.
(11) The heads of private education institutions and its founders shall be
responsible for the quality of education, for education and training
conditions, in compliance with the legislation in force.
(12) Management personnel of private education are appointed by the
Funders in correspondence with a regulation approved by the Ministry of
Education, and must be employed full-time basis in the respective
educational institution. Management staff is not entitled to hold two
 positions concurrently or carrying out other work by contract and practice
activities, except for scientific, educational or creative.
(13) In private education institutions may be applied own curriculum, study
plans, training methods, which secure the implementation of state
educational standards.
(14) Private education institutions shall employ and remunerate didactical
staff according to the statute of the institution and to the labor legislation.
Labor remuneration shall not be lower than the state education one.
(15) Teachers in private preschool and primary education should be employed
on full-time basis in the particular educational institution. In private
primary, secondary, secondary vocational, university and higher education
institutions at least 60% of teachers must be employed full-time basis in
the particular educational institution.
(16) Didactical and auxiliary staff from private education shall activate based
on the legislation and labor contracts, concluded with the leadership of the
respective institution.
(17) In private education, tuition fees shall be established by each education
institutions, under the terms of the law.
(18) Private education institutions shall be funded from the founders' resources,
from tuition fees, sponsorship, donations and from other legal resources.
Pre-school and compulsory general education institutions may benefit from
state budget funding, after accreditation, in the limits established for state
education institutions, in the manner determined by the Government.
(19) Private education institutions shall not be organized by means of
privatization of state education institutions.
(20) Private educational institutions must have, by way of ownership,
adequate resources for the performance of the educational process
according to state educational standards. They must, mandatory have the
classrooms, laboratories with adequate equipment, library book stock
equipped with appropriate content and disciplines and institutions level, in
case of higher education institution, specialized secondary and vocational
there have to be at least 3000 book titles.
(21) Local public administration authorities may put at the disposal of private
education institutions buildings, construction land, materials to organize
the instructive-educative process. They may also contribute to the training
of didactical staff, to student maintenance, as well as the consolidation of
the technical-material basis of these institutions. The buildings, the
premises and the technical-material basis of state institutions may be used
by private institutions based on a lease contract.
(22) Private educational institutions are required to submit to the Ministry of
Education annual progress reports and other information, in accordance
with the law.
(23) Private persons may practice individual activities of training
(mentoring), authorized under the terms of the law.

Article 37. Accreditation of education institutions

(1) Licenses for private educational institutions are provided and removed by
the Licensing Board in accordance with the law.
(2) Additional Grounds for withdrawal of license for work in private educational
institution:
(1) carrying out activities not covered by the license;
(2) non-standard educational levels and stages of education, the profiles
and specialties;
(3) non-accreditation of the educational institution by the authorized
agency;
(4) hiring staff and management personnel that does not meet the
requirements on education and work experience;
(5) failure to comply with minimum rate of teachers employed full-time
basic in educational institution;
(6) serious violations of teachers, pupils and students rights;
(7) dissemination of false information on training;
(8) absence of adequate space and facilities necessary for the
conduct of training and education;
(9) non-compliance with orders of the Ministry of Education.
(3) Educational institution which license has been revoked may submit a new
application for a license to perform education process only after the
expiration of three years from the date of issuance of the license
withdrawal decision.
(4) The license for operation in education is not issued if the educational
institution was funded or managed by people who were previously the
founders or leaders of educational institutions that license was revoked.
(5) State and private education institutions shall be subjected obligatory to
accreditation, the accreditation process shall comprise two stages:
a) issuing authorization (license), which grants the right to organize and
temporarily function;
b) accreditation, which grants all rights prescribed by the present law.
(6) The accreditation shall be solicited after obtaining the authorization: for
kindergartens and primary schools- at most after 4 years, and for pre-
university and higher education institutions - after the first graduation
exam of the respective education level.
(7) The basic criteria for private education institutions shall concern
didactical staff, education content, technical-material basis and economic-
financial activity.
(8) In order to obtain the accreditation, the education institution: shall have
at least 60% from the necessary didactical staff required for the respective
institution; shall have a material-technical basis which will correspond to
state educational standards; shall make use, during its temporary
functioning, of at least 25 % from the revenues for investments in its own
technical-material basis.