of July 3, 2018 No. 610
About approval of the Regulations on the Government
Based on Item and) article 7 of the Law No. 136 of July 7, 2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412) DECIDES: the Government
1. Approve Regulations on the Government it (is applied).
2. The state office together with public organization "Agency of Electronic Control" and public organization "Service of Information Technologies and Cybernetic Safety" to take necessary measures for implementation in process of development and promotion of drafts of acts of the Government of technical technology solutions according to provisions of the regulatory base in the field.
3. Requirements of Chapter V of the Regulations on the Government are applied from the effective date the Law No. 100 of December 22, 2017 on regulations.
4. Declare invalid the Order of the Government No. 34 of January 17, 2001. "About approval of Regulations of the Government of the Republic of Moldova" (The official monitor of the Republic of Moldova, 2001, Art. No. 8-10, 73), with subsequent changes and amendments.
Prime Minister
Paweê Phillip
Approved by the Order of the Government of the Republic of Moldova of July 3, 2018 No. 610
1. According to the Constitution of the Republic of Moldova, the Law No. 136 of July 7, 2017 on the Government and other laws, the Regulations on the Government (further – the Provision) establish procedure for the organization and functioning of the Government, including organizational framework of activities of the Government in general and members of the government in particular, procedure for the organization and holding meetings of the Government, acts of the Government and the Prime Minister, the procedure of development and promotion of drafts of acts of the Government, monitoring and control of accomplishment of tasks by the ministries, other central administrative authorities, the relations of the Government with them, and also with Parliament, the President of the Republic of Moldova, the Constitutional court and autonomous bodies of the public power.
2. The government is public body which represents and performs the executive authority in the Republic of Moldova directly and/or through the ministries, other central administrative authorities and organizational structures within the sphere of competence, and also by means of cooperation with bodies of local public authority.
3. The government is collegiate organ which performs the mission and functions by adoption of regulations at the meetings organized according to provisions of the Law on the Government and this provision.
4. Activities of the Government are directed to realization of domestic and foreign policy of the state, ensuring realization of the main interests of society and accomplishment of the Program of the activities approved by Parliament according to provisions of the Constitution of the Republic of Moldova, the Law No. 136/2017 on the Government, other regulations, international treaties which party is the Republic of Moldova, on goal achievement of the European integration and accession to the European Union, and also on the problem resolution in the areas carried by the law to competence of the Government.
5. The investiture, execution and the termination of powers of the Government are regulated by the Constitution of the Republic of Moldova and the Law No. 136/2017 on the Government.
6. The government performs powers from the date of bringing of the oath by his members before the President of the Republic of Moldova and before date of recognition valid elections of new Parliament.
7. According to the Constitution of the Republic of Moldova and the Law No. 136/2017 on the Government the Government accepts resolutions, ordinances and orders, procedure for development and which promotions it is regulated by the Law No. 100/2017 on regulations and this Provision.
On the questions which are not requiring adoption of the act of the Government according to provisions of the Constitution of the Republic of Moldova, the Government can make decisions according to the rules and procedures established in this Provision.
8. The government is responsible for the activities before Parliament.
9. The government performs the activities according to the principles of open public administration and is direct or through the bodies subordinated to it informs the public on the activities and provides, according to the law, platforms for participation of physical persons and legal entities, including non-profit organizations, in the course of adoption of socially significant decisions.
10. The government provides creation of conditions for participation of civil society in decision making process on the questions connected with development and implementation of state policy in areas for which bears responsibility.
11. In the this provision sense the member of the government is understood as the Prime Minister, the First Deputy Prime Minister, deputy prime ministers and ministers, and also other members of the government established by the organic law.
12. The government which powers are stopped performs only powers on management of public affairs. The government which powers are stopped, the powers having no right to perform provided in part (2) article 15 of the Law No. 136/2017 on the Government.
13. During implementation of activities of the Government which powers are stopped the prohibitions established in Items е) – g) parts (2) the Law No. 136/2017 on the Government, are applied as appropriate to the Prime Minister, the First Deputy Prime Minister, deputy prime ministers and ministers.
14. The Prime Minister, in case of the termination of powers of the Government has the right to the state protection and the car within at least one year from the date of the termination of powers, and also to the diplomatic passport, according to the law.
15. The government plans the activities on basis and for the purpose of implementation of the Program of activities.
16. The program of activities of the Government is the main political document in which the main objectives of development of the country for action of powers of the Government corresponding to the strategic priorities following from the National development strategy, the National program for accession and from other documents public the politician and also the international obligations assumed by the Republic of Moldova, in particular connected with the European integration and accession to the European Union are determined.
17. The Government annually develops for implementation of the Program of activities, updates and approves the National program for accession (Scientific Production Enterprise), the National Development Plan (NDP) and the National Plan of Regulatory Activities (NPRA) determine the purposes and strategic directions of state policy, and also way of their realization in spheres of activity for which it is responsible, develops and submits in Parliament for review budget tax policy, drafts of the laws on the government budget, about the budget of the national social insurance, about funds of compulsory medical insurance and drafts of the laws on introduction of changes in them, and also takes any other actions necessary for carrying out policy of the state in the spheres of activity carried by the law to competence of the Government.
18. Members of the government provide unity of the Government, bear collective responsibility for results of activities of the Government in general and the personal liability for the fields of activity carried to their competence.
19. Members of the government act according to official position of the Government and perform the activities according to this line item.
20. For the purpose of ensuring accomplishment of the functions and obligations and implementation of legislative provisions the Government can create councils, the commissions, committees and other advisory platforms which perform the activities according to the provisions approved by the Government.
21. For the purpose of accomplishment of the Program of activities the Government performs planning of the activities on the basis of criteria of priority and succession, developing and approving the action plan which finds the reflection in the following planning tools: National program for accession, National development plan and National plan of regulatory activities.
The national program for accession is the tool of the Government on mid-term planning, is annually or as required updated and provides strategic complex vision of procedure for realization and terms of realization of intentions of the Republic of Moldova in the field of accomplishment of conditions for accession to the European Union. The program is directed to agreement performance about association and all obligations following from the status of the member state of the European Union and contains plans for development of administrative capacity of the Republic of Moldova, including capacity of organizations in the field of the justice necessary for implementation of the legislation of Community.
The national development plan is the tool of the Government on mid-term planning, is annually updated and establishes priority actions for reforming and projects of development which shall be implemented by the central bodies of public management according to competences during the specific planned period determined on the basis of the Program of activities of the Government, the National development strategy, the National program for accession and other documents public the politician and also the international obligations undertaken by the Republic of Moldova in particular connected with the European integration and accession to the European Union.
The national plan of regulatory activities is the tool of the Government on annual planning of regulatory process at the level of the central bodies of public management which politician and drafts of the regulations making impact on economy, society, the environment, homeland security and defense, the government budget and process of the European integration which the central bodies of public management within calendar year intend to provide for approval to the Government proceeding from priorities of the Program it to activities contains documents public.
22. The state office is responsible for the organization of process of development, discussion, updating and introduction for consideration at meeting of the Government of the National program for accession, the National development plan and the National plan of regulatory activities.
For this purpose the State office develops instructions about structure of these documents, terms and procedure for submission of offers by the ministries and other central administrative authorities according to the national regulatory base on strategic planning.
23. The draft of the National program for accession is considered by Interdepartmental coordination council and affirms at the working meeting of members of the government devoted to questions of the European integration.
24. Drafts of the National development plan and the National plan of regulatory activities are considered by Coordination council on sustainable development which is responsible for completion of plans and for approval of final line items on them. Recognition of drafts of the National plan of regulatory activities and the National development plan corresponding to priorities of the Program of activities of the Government, the budgetary forecast to the medium-term period and priorities of the European integration is performed by Interdepartmental committee on strategic planning.
25. After provision of powers to it offers on the National plan of regulatory activities which contain measures for realization of the purposes stated in the Program of activities of the Government are represented to the new Government to the State office within one month from the date of removal of vote of confidence.
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