FEZ-L

FEZ-law

Law about free economic zones


In force since 2022-07-01, valid until before 2023-01-16

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.

In force since 2023-01-16

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.


(9.1) The administration may assign its surface right to the residents of the free zone after registration of this right in the real estate register.


(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
2022-12-16
Nr. 2


Art.

I

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

1. Article 4 is supplemented by paragraph (14) with the following content:

"(14) The land assigned to the free zone shall be transferred to the Administration of the respective free area without payment of the annual fee, unless otherwise provided for in the legal act of transfer of the land."

2. Article 5 shall be supplemented by paragraph (9.1) with the following content:

"(9.1) The administration may transfer its right of superficies to the residents of the free zone after registration of this right in the real estate register."

3. Article 6 shall be supplemented by paragraph (11.1) with the following content:

"(11.1) In order to carry out the activities provided for by this Law, residents shall have the right to develop production infrastructure (construction of industrial halls) and technical and sanitary infrastructure in the free zones."