FEZ-L

FEZ-law

Law about free economic zones


<p>в силе с</p> 2018-09-07, <p>действителен до</p> 2022-07-01

Art.

5

Administration of free zones

(1) For the administration of the free zone, within 30 days from the entry into force of the law on its creation, the Government shall form a state body - the Administration of the free zone, hereinafter referred to as the Administration, with the status of a legal entity and operating on self-financing principles. The seat of the Administration is located on the territory of the free economic zone.


(2) The Administration shall be headed by a chief administrator, appointed by a competitive examination by order of the Minister of Economy and Infrastructure for a term of 5 years. The functions, rights and obligations, amount and conditions of the salary of the main administrator are established by the legislation, as well as in the contract concluded between him and the Ministry of Economy and Infrastructure.


(3) The coordination and control of the activity of the free zones shall be the responsibility of the Government and shall be carried out through state bodies authorized by it. The work of the Administration is subject to an annual audit. The Administration shall coordinate its work with the Ministry of Economy and Infrastructure in attracting investments, promoting exports of free zone residents, as well as on the elaboration and implementation of free zone development plans.


(3.1) The Ministry of Economy and Infrastructure exercises control over compliance with the terms of the contract and over the performance of the duties of the chief administrator.


(4) The main financial sources of the Administration are:


a) payments and fees paid for participation in the competitions for obtaining the right to become a resident of the free zone and registration as a resident of the free zone, as well as for the issuance of permits for the corresponding types of activity in the zone;


b) the payments and zonal fees established by the Administration;


c) receipts from the leasing of goods and land;


(d) voluntary contributions from residents of the free zone for the development of its infrastructure;


f) other income related to the exercise of its functions under the law.


(5) The structure and scope of powers granted to the Administration shall be determined by laws and by Government regulations.


(6) The Administration shall perform the following main tasks:


a) coordinates the activity of creating the productive and non-productive infrastructure of the free zone;


b) ensures the functioning of electricity, water and heat supply systems on the territory of the free zone;


c) organises competitions for obtaining the right of resident of the free zone and registers residents, issues them permits for carrying out in the free zone specific types of entrepreneurial activity established by law;


d) ensures the maintenance of the fences and buildings within the free zone in good condition, carries out control over the compliance with the authorized system of crossing the boundaries of the free zone;


e) elaborates and ensures the implementation of the comprehensive development program of the free zone and environmental protection; 


f) establishes, in agreement with the Ministry of Economy and Infrastructure, payments and charges for the area;


g) collects from the residents of the free zone the lease payments and other payments provided for in this Law;


h) exercises control over the fulfillment by residents of the free zone of the agreements concluded with them;


(i) maintains relations with the customs authority in order to ensure compliance with customs legislation.


(7) The administration shall coordinate its work with the local public administration authorities in solving social, environmental and infrastructural development problems of the free zone.


(8) The decisions of the Administration, adopted within the limits of its competence, shall be binding on all residents of the free zone.


(9) In accordance with the laws and normative acts of the Government, the Administration determines the procedure for leasing land, the procedure for granting rights to use natural resources, as well as buildings, structures and fixed assets owned or transferred for use to the Administration. The rights and obligations of the Administration in the area of land use are regulated by the laws and normative acts of the Government in the land sphere. 


(10) The Administration shall not have the right to interfere in the economic activity of the residents of the free zone, if such activity does not contravene the legislation and the contract concluded between the Administration and the resident.


(11) The administration of the free zone shall have the right to develop production infrastructure (construction of industrial halls) and to build engineering networks, which shall subsequently be offered for rent to residents of the free zone or for the use of which a user fee shall be charged.


(12)  Remuneration of the work of the Administration's employees shall be carried out in accordance with the legislation. On the basis of the Model Regulation on the Salary of the Staff of the Free Zone Administrations, approved by the Ministry of Economy and Infrastructure, the Chief Administrator shall approve the Regulation on the Salary of the Staff of the corresponding Free Zone Administration, coordinated in advance with the Ministry of Economy and Infrastructure.


(13) The administration shall carry out the accounting and statistical management of its activity in accordance with the law. The chief administrator shall submit quarterly and annual reports to the Ministry of Economy and Infrastructure on the activity carried out in the free zone. The form and deadlines for submission of reports shall be determined by the Ministry of Economy and Infrastructure.


(14) The Administration shall be entitled to make donations for philanthropic or sponsorship purposes to public authorities and public institutions financed from the national public budget. The volume of donations shall not exceed the amount approved for these purposes in accordance with the annual budget of the institution approved by the Ministry of Economy and Infrastructure.


 

<p>в силе с</p> 2022-07-01

Art.

5

Management of free zones

(1) For the administration of the free zone, within 30 days of the entry into force of the law on its creation, the Government shall form a state body - the Free Zone Administration, hereinafter referred to as the Administration, which shall have the status of a legal person and shall operate on a self-financing basis. The seat of the Administration is located on the territory of the free zone.


(2) The Administration shall be headed by a chief administrator, appointed by a competitive examination by order of the Minister of Economy for a term of 5 years. The Chief Administrator shall be responsible for the work of the Administration, for ensuring the security of the boundaries of the free zone and for the observance of the authorised crossing system. The functions, rights and obligations, the amount and conditions of the salary of the chief administrator are established by the legislation, as well as in the contract concluded between him and the Ministry of Economy.


(3) The coordination and control of the activity of the free zones shall be the responsibility of the Government and shall be carried out through state bodies authorized by it. The work of the Administration is subject to an annual audit. The Administration shall coordinate its work with the Ministry of Economy in attracting investments, promoting exports of free zone residents, as well as on the elaboration and implementation of free zone development plans.


(3.1) The Ministry of Economy shall monitor compliance with the terms of the contract and the performance of its duties by the chief administrator.


(4) The main financial sources of the Administration are:


a) payments and fees paid for participation in competitions for obtaining the right to become a resident of the free zone and registration as a resident of the free zone, as well as for the issuance of permits for the corresponding types of activity in the zone;


b) payments and zone fees established by the Administration;


c) receipts from the lease of goods and land;


d) voluntary contributions from residents of the free zone for the development of its infrastructure;


f) other income related to the exercise of its functions under the law.


(5) The structure and scope of the powers granted to the Administration shall be determined by laws and regulations of the Government.


(6) The Administration shall perform the following main tasks:


a) coordinate the activity of creating the productive and non-productive infrastructure of the free zone;


b) to maintain in working order the electricity, water and heat supply systems on the territory of the free zone;


c) organizes competitions for obtaining the right of resident of the free zone and registers the residents, issues them permits for carrying out in the free zone specific types of entrepreneurial activity established by law;


d) ensures the maintenance in good condition of the fences and buildings in the free zone perimeter, carries out control over the compliance with the authorized system of crossing the free zone boundaries;


e) elaborates and ensures the implementation of the programme of complex development of the free zone and environmental protection;


f) establish, in agreement with the Ministry of Economy, the payments and charges of the zone;


g) collect from the residents of the free zone the lease payments and other payments provided for in this Law;


h) controls the way in which the residents of the free zone comply with the contracts concluded with it;


i) maintains relations with the customs authority in order to ensure compliance with customs legislation.


(7) The administration shall coordinate its work with the local public administration authorities in solving social, environmental and infrastructural problems of the free zone.


(8) The decisions of the Administration, adopted within the limits of its competence, shall be binding on all residents of the free zone.


(9) In accordance with the laws and regulations of the Government, the Administration shall determine the manner of leasing land, the manner of granting rights of use of natural resources, as well as buildings, constructions and fixed funds belonging to or transferred to the Administration. The rights and obligations of the Administration in the field of land use are regulated by the laws and regulations of the Government in the field of land.


(10) The Administration shall not have the right to interfere in the economic activity of the residents of the free zone, if this activity does not contravene the legislation and the contract concluded between the Administration and the resident.


(11) The Administration of the free zone has the right to develop production infrastructure (construction of industrial halls) and to build engineering networks, which are subsequently offered for rent to the residents of the free zone or for the use of which a user fee is charged.


(12) The remuneration of the Administration's employees shall be paid in accordance with the law. On the basis of the Model Regulation on the Salary of the Staff of the Free Zone Administrations, approved by the Ministry of Economy, the Chief Administrator shall approve the Regulation on the Salary of the Staff of the corresponding Free Zone Administration, coordinated in advance with the Ministry of Economy and Infrastructure.


(13) The administration shall carry out the accounting and statistical management of its activity according to the law. The main administrator shall submit quarterly and annual reports to the Ministry of Economy on the activity carried out in the free zone. The form and deadlines for submission of reports shall be determined by the Ministry of Economy.


(14) The administration is entitled to make donations for philanthropic or sponsorship purposes to public authorities and public institutions financed from the national public budget. The volume of donations shall not exceed the amount approved for these purposes in accordance with the annual budget of the institution approved by the Ministry of Economy.

Monitorul Oficial (MD)
Teil
2022
2022-07-01
Nr. 2


Art.

I

Art. XLIV - Law No. 440/2001 on Free Economic Zones (Official Monitor of the Republic of Moldova, 2001, No. 108-109, Art. 834), as amended, is amended as follows:

1. In the content of the Law, the phrase "Ministry of Economy and Infrastructure" in any grammatical form shall be replaced by the phrase "Ministry of Economy" in the corresponding grammatical form.

2. In Article 5(2), the phrase "Minister of Economy and Infrastructure" is replaced by the phrase "Minister of Economy".