BPO-LAW (draft)

Law on International Business Services (draft)

Law on International Business Services Park (draft)


Stand:
Chapter I
GENERAL PROVISIONS
Artikel   1 Regulatory scope and purpose of the law

(1) This Law regulates the process of establishing the international business services park.

(2) The purpose of this Law is to create the necessary preconditions for boosting the development of the international business services industry, as well as creating high value-added jobs and attracting domestic and foreign investments.

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Artikel   2 Concepts used

For the purposes of this Law, the following terms are defined as follows:

International Business Services Park Administration/Park Administration - a public institution established by the Government for the administration of the International Business Services Park, the founding function is exercised by the Ministry of Economy;

International Business Services Park (Park) - organizational structure whose residents perform the activities referred to the Article 8

resident of the park - legal or natural person, registered in the Republic of Moldova as a subject of entrepreneurial activity, which is included in the Register of residents of the park and which performs, as its main activity, one or more of the activities referred to the Article 8, on the basis of a contract concluded with the Administration of the park;

main activity - an activity which meets all of the following criteria:

- The recorded income from the provision of services allowed in the park in accordance with Article 8 is 85% or more of the total amount of income from the sale of products (goods), provision of services, execution of works recorded in the accounts;

- The recorded income from external commercial activity is 85% or more of the total amount of income from the sale of products (goods), provision of services, execution of works recorded in the accounts.

External commercial activity - the provision of services referred to the Article 8 by residents of the park for the benefit of a non-resident.

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Artikel   3 Basic objectives of the international business services park

The creation of the Park aims to achieve the following main objectives:

a) to increase the competitiveness of enterprises in the international business services industry;

b) to support small and medium-sized enterprises in the international business services industry;

c) attracting local and foreign investments;

d) to carry out activities that create products with high added value;

e) establishing partnerships with multinational companies in the business services sector with the aim of transferring positive practices and the most advanced knowledge in the field;

f) attracting qualified human resources;

g) creating skilled and well-paid jobs.

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Artikel   4 Principles for the establishment and operation of the international business services park

The establishment and operation of the Park shall be based on the following principles:

a) transparency in the operation of the Park;

b) equal treatment of all potential residents in the registration process;

c) non-involvement of the public authorities and the Park Administration in the activity of the residents, except within the limits provided for by this Law, by the regulations in force and by the contract on the conduct of business in the Park;

d) the achievement of the basic objectives of the parks.

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Chapter II
PARK SUBJECTS FOR INTERNATIONAL BUSINESS SERVICES
Artikel   5 Park administration

(1) The Government shall establish the Park Administration which shall operate on a self-financing basis.

(2) The Park Administration shall be headed by the Director of the public institution, appointed by the Ministry of Economy for a term of 5 years. Functions, rights and obligations of the director of the public institution are established by the statute of the institution and included in the contract concluded between the director of the institution and the Ministry of Economy.

(3) The sources of income of the Park Administration shall consist of the compulsory membership fees paid by the residents of the Park, as well as of other legal income resulting from the duties referred to in Article 10.

(4) The Administration shall not have the right to intervene in the economic activity of the residents of the Park.

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Artikel   6 Park residents

(1) The registration of park residents shall be carried out by the park administration in accordance with the Regulations for the registration of park residents, approved by the Government, which shall expressly and exhaustively indicate the procedure and requirements for registration, as well as the model contract for carrying out activities in the park.

(2) The person registered as a park resident shall conclude a contract with the Park Administration on the activity in the park and shall be entered in the Register of Park Residents on the date of signing the contract. The term of the contract may not exceed the term of operation of the park.

(3) The contract shall indicate:

 a) the types of activity carried out;

 b) the rights and obligations of the park resident and the park administration;

 c) the amount of the compulsory membership fee;

 d) the types of reports to be submitted by the Park Resident to the Park Authority;

 e) the liability of the parties in case of breach of the contractual provisions;

 f) other clauses negotiated by the parties.

(4) Park residents shall keep accounts, draw up and submit financial statements, reports, statements and declarations in the manner prescribed by law.

(5) Park residents shall not be liable for the obligations of the Park Administration.

(6) The Park Administration shall keep a register of Park residents and issue certificates confirming that they are Park residents.

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Chapter III
CREATING THE INTERNATIONAL BUSINESS SERVICES PARK
Artikel   7 Creation of the international business services park

(1) The Park shall be established by the Government, on the initiative and proposal of the Ministry of Economy.

(2) The term of operation of the Park shall be established by the Government for a period of 10 years, with the possibility of extension.

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Artikel   8 Main activities in the park

The following main activities (according to CAEM rev.2 and CSPM rev.2) may be carried out in the international business services park:

a) Other information service activities n.e.c. (63.99);

b) Accounting and financial auditing activities; tax consultancy (69.20), limited to:

- analytical and auditing services (69.20.21);

- annual financial statement preparation services (69.20.22);

- bookkeeping services (69.20.23);

- payroll services (69.20.24);

- other accounting services (69.20.29);

c) Business and management consultancy activities (70.22);

d) Market research and public opinion polling activities (73.20);

e) Written and oral translation activities (interpreters) (74.30);

f) Other professional, scientific and technical activities n.e.c. (74.90);

g) Activities of employment agencies (78.10);

h) Other labour supply services (78.30);

i) Combined secretarial activities (82.11);

j) Photocopying, document preparation and other specialized secretarial activities (82.19);

k) Activities of call centres (82.20);

l) Other business support service activities n.e.c. (82.99);

m) Research and development on biotechnology (72.11);

n) Research and experimental development on other natural sciences and engineering (72.19);

o) Engineering activities and related technical consultancy (71.12);

p) Research and experimental development on social sciences and humanities (72.20);

q) Technical testing and analysis activities (71.20).

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Chapter IV
POWERS AND TASKS OF THE STRUCTURES INVOLVED IN THE CREATION AND ACTIVITY OF THE PARK
Artikel   9 Powers of the Ministry of Economy

In the context of the application of this Law, the Ministry of Economy shall have the following duties:

a) approve the Regulations for the organisation and functioning of the Park;

b) monitor the activity of the park, support its development by implementing targeted policies in the field;

c) ensures the organization of the annual evaluation of the results of the Park's activity;

d) collaborate with central and local public administration authorities, non-governmental organisations and independent experts in order to support and develop the activities of the Park.

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Artikel   10 Powers of the Park Administration

The Park Administration shall have the following duties:

(a) draw up the Park's organisation and operation regulations, including the objectives of the Park;

b) administers the Park in accordance with the provisions of this Law and other regulations in force;

c) creates, maintains and updates the Register of Park residents, as well as the official website of the Park;

d) provide online access to the Register of Park residents;

e) participate in the evaluation of the Park's activity, as appropriate;

f) submit proposals to the Ministry of Economy for the development of the Park's activity;

g) prepares and submits to the Ministry of Economy quarterly and annual reports on the activity of the park and its residents. The reports shall be published on the official website of the Park, and the data contained in these reports - on the single governmental open data portal;

h) if necessary, represent the Park in relations with central and local public administration authorities and collaborate with them.

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Artikel   11 Allocation of the amounts of the one-time tax levied on park residents for international business services

The amounts paid by the residents of the Park by way of the one-off tax shall be collected by the Ministry of Finance in a treasury account and subsequently distributed:

(a) to the State budget:

income tax from entrepreneurial activity - 10.0%,

income tax deducted from wages - 19.4%,

tax for the use of roads by motor vehicles registered in the Republic of Moldova - 0.1%;

b) to the state social insurance budget:

compulsory state social insurance contributions - 54.7%;

c) to compulsory health insurance funds:

compulsory health insurance premiums in the form of a percentage contribution from salary and other rewards - 15.4%;

d) to local budgets:

local taxes - 0.3%,

real estate tax of legal entities - 0.1%.

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Chapter V
SUPPORTING AND STIMULATING THE ACTIVITY OF PARK RESIDENTS
Artikel   12 Facilities and incentives for the establishment and operation of the international business services park

(1) In order to facilitate the establishment and operation of the international business services park, the State shall grant the following incentives to its residents:

(a) a one-time tax levied on residents of the international business services park in the amount of 10% of the sales revenue, which, however, shall not be less than the minimum amount set forth in paragraph (3) and which includes the following taxes and duties: income tax on entrepreneurial activity, income tax on salary, compulsory state social security contributions due by employers, compulsory health insurance premiums due by employees, local taxes, real estate tax and tax for the use of roads by motor vehicles registered in the Republic of Moldova, due by residents of the Park in accordance with the applicable legislation. All other taxes and fees will be paid by the residents of the Park in the generally established manner;

b) financial allocations obtained from the State budget;

(c) other tax and customs facilities provided for by tax and customs legislation.

(2) For the purpose of applying the single tax levied on residents of the Park for international business services in accordance with paragraph (1)(a), the tax on income from wages, contributions of (a) income tax on earned income, compulsory state social insurance contributions payable by employers and compulsory health insurance premiums payable by employees shall relate to wage payments made to or for the benefit of employees by residents of the international business services park on the basis of labour law and regulations containing labour law rules.

(3) The minimum amount of the one-off tax levied on the residents of the park for international business services shall be determined monthly per employee and shall constitute 30% of the amount of the average monthly salary in the economy, forecast for the year of the tax period in question.

(4) The one-time tax levied on residents of international business service parks, determined in accordance with this article, shall be paid monthly by the residents of the park in accordance with the regulations.

(5) If new laws are enacted that change the rate and/or composition of the single tax levied on residents of the international business services park referred to in paragraph (1)(a) and/or repeal it, the residents of the park shall be entitled, for a period of 10 years, but not exceeding the term of operation of the park, to operate under the provisions of
law in force until the date of implementation of the new laws. If certain taxes and/or charges included in the single tax levied on the residents of the park for international business services referred to in paragraph (1)(a) are replaced, according to the legislation, by other taxes and/or charges, the composition of the single tax shall be adjusted accordingly, without changing its rate.

(6) In case the residents of the park do not comply with the conditions for the application of the facilities provided for by this Law, their obligations to the national public budget shall be recalculated in the generally established manner, starting from the tax period in which the violation was committed, in accordance with the legislation in force.

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Artikel   13 Social and medical insurance for employees employed by park residents

(1) Employees of the residents of the park shall be entitled to all types of state social insurance benefits from the state social insurance budget, in accordance with the legislation in force. The insured monthly income of these employees will be 68% of the amount of the average monthly wage in the economy, forecast for that year.

(2) Employees of park residents shall obtain the status of an insured person in the compulsory health insurance system on the basis of the updated information presented in the statement on the withholding of income tax, compulsory health insurance premiums and compulsory state social insurance contributions calculated in accordance with the legislation in force.

(3) The resident of the park shall be obliged to inform his employees in writing about the particularities of the social and medical insurance established by this Article, as well as about the particularities of income tax on salary, before the date of obtaining the title of resident of the park, and in case of new employees - before employment.

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Chapter VI
EVALUATION AND CONTROL OF PARK ACTIVITY
Artikel   14 Evaluation of the work of the international business services park and its residents

The results of the activity of the park and its residents are evaluated by the Ministry of Economy.

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Artikel   15 Verification of main activities

(1) The activities of the park residents are subject to mandatory annual verification of the fulfilment of the indicators required to acquire and maintain the status of park resident for international business services.

(2) The indicators subject to verification shall be established by the Park Administration and the verification shall be carried out by audit entities.

(3) The results of the verification shall be published on the official website of the International Business Services Park.

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Artikel   16 Withdrawal of park resident title

(1) A Park resident's title shall be withdrawn by termination of the contract with the Park Authority in the following circumstances:

a) at the initiative of the Park Resident, if the Park Administration fails to comply with the provisions of the contract for the conduct of business in the Park and does not remove the violations within 30 days of receipt of written notice from the Park Resident;

b) at the initiative of the Park Administration, if the resident of the Park does not comply with the provisions of the contract for the operation of the Park and does not remove the violations within 30 days of receipt of written notification from the Park Administration;

c) in case of violation of the provisions of this Law, of the legislation on prevention and combating money laundering, of other normative acts, on the basis of an irrevocable court decision in this regard;

d) in other cases stipulated in the contract for the activity in the park;

e) at the initiative of the Park Administration, if, following the annual verification by the auditing entity, it is found that the resident no longer meets the conditions for qualification as a resident of the Park for international business services, provided for by this Law.

(2) In the cases referred to in paragraph (1) (a), (b) and (e), the title of a Park resident shall be withdrawn by a decision of the Park Administration.

(3) Withdrawal of the park resident title shall entail deprivation of the resident of the facilities granted under this Act.

(4) Park residents may appeal against decisions on the withdrawal of their resident's title in court.

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Artikel   17 Dismantling the international business services park

(1) The Park may be abolished by a Government decision, on the proposal of the Ministry of Economy, if the Park does not achieve the objectives stipulated by this Law and by its own organization and functioning regulations. The Government Decision on the park's dissolution shall enter into force 6 months after the date of its publication.

(2) The termination of the park shall entail the loss of the title of resident of the park and the termination of the regime of facilities granted to the residents of the park under this Law.

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Chapter VII
FINAL AND TRANSITIONAL PROVISIONS
Artikel   18 (No title)

(1) This Law shall enter into force on the date of its publication in the Monitorul Oficial of the Republic of Moldova.

(2) The Government, within 6 months from the date of publication of this Law:

a) shall bring its normative acts in line with this Law;

b) shall draft and adopt the normative acts necessary for the execution of this Law and shall submit to the Parliament proposals on the alignment of the legislation in force with this Law.

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