ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 11, 2020 No. 817

About approval of the Regulations on certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, assessment of real estate objects and the inventory

Based on part (4) article 6-4 of the Law No. 778/2001 on geodesy, cartography and geoinformatics (The official monitor of the Republic of Moldova, 2002, No. 29-31, the Art. 160), with subsequent changes, parts (6) article 15 of the Law No. 989/2002 on estimative activities (The official monitor of the Republic of Moldova, 2002, No. 102, the Art. 773), with subsequent changes, parts (5) article 5-1 of the Law No. 354/2004 on forming of real estate units (The official monitor of the Republic of Moldova, 2004, Art. No. 233-236, 999), with subsequent changes, and parts (4) article 4-1 of the Law No. 160/2011 on regulation of business activity by permission (The official monitor of the Republic of Moldova, 2011, No. 170-175, of Art. 494), with subsequent changes, the Government DECIDES:

1. Approve:

1) Regulations on certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, assessment of real estate objects and the inventory, according to appendix No. 1;

2) the list of the orders of the Government which are recognized invalid, according to appendix No. 2.

2. To the agency of land relations and inventory to take necessary measures for ensuring issue of the certificate and its duplicate, respectively, refusal in its issue, and also suspension and withdrawal of the certificate by means of the automated management information system and issue of allowing documents according to provisions of the Law No. 160/2011 on regulation of business activity by permission.

Kontrasignuyet: Minister of Economy and Infrastructure

Anatol Usaty

 

Appendix №1

to the Order of the Government of the Republic of Moldova of November 11, 2020 No. 817

Regulations on certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, assessment of real estate objects and the inventory

Chapter I General provisions

1. This Provision establishes the procedure of certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, real estate appraisal and the inventory, and also the organization and implementation of activities of the commissions on certification in the respective areas.

2. The purpose of certification of specialists in these areas is determination of level of knowledge of the normative and technical base necessary for accomplishment of the corresponding works, their professional skills, stimulation of professional enhancement, and also increase in responsibility in practical activities and detection of risk factors.

3. The procedure of certification will be organized quarterly.

4. The procedure of certification is based on the following principles:

1) objectivity - creation of equal conditions of certification for all applicants;

2) impartiality - ensuring impartial certification on the basis of accurately certain criteria and single methodology of assessment of level of competence and assessment of professional activity of the applicant;

3) transparency - provision to all applicants of information on subject of the written test and interview, about procedure for carrying out and the organization of the procedure of certification, criteria for evaluation of professional activity of the applicant;

4) social justice - objective assessment of practical knowledge and skills of applicants and their professional training, provision, suspension/withdrawal of certificates, irrespective of nationality, floor, workplace and their political affiliation or belonging to certain social group.

5. Information on certification of specialists is in the field published on the official web page of the Agency of geodesy, cartography and inventory.

Chapter II Activities of the commissions on certification

6. Certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, real estate appraisal and the inventory is performed by the commissions on certification created by the order of the CEO of the Agency of geodesy, cartography and inventory.

7. The commission on certification in the field of geodesy, cartography, topographical researches and geoinformatics consists of 7 members, specialists in this industry from whom:

1) three representatives of the Agency of geodesy, cartography and inventory;

2) representative of National inspectorate for technical supervision;

3) two representatives of the academic circle from Technical university of Moldova;

4) representative of civil society.

8. The commission on certification of appraisers of real estate consists of 7 members, specialists in the field of real estate appraisal from whom:

1) three representatives of the Agency of geodesy, cartography and inventory;

2) representative of the academic circle of Technical university of Moldova;

3) representative of civil society;

4) two representatives of the companies for assessment of private and state sectors.

9. The commission on certification of cadastral engineers consists of 5 members, specialists in the field of the inventory from whom:

1) three representatives of the Agency of geodesy, cartography and inventory;

2) representative of the academic circle of Technical university of Moldova;

3) representative of civil society.

10. Commission chairman on certification is the CEO of the Agency of geodesy, cartography and inventory, and the deputy of the commission chairman on certification is appointed by the decision of the commission on certification.

11. The member of the commission on certification cannot be at the same time the member of other commission on certification. Representatives of the academic circle and civil society are appointed in structure of the commissions on certification by delegation on the request of the Agency of geodesy, cartography and inventory. Selection of representatives of the companies for assessment of private and state sectors in structure of the commission on certification of appraisers of real estate is performed based on the criteria approved by the order of the CEO of the Agency of geodesy, cartography and inventory.

12. The secretary of the commission on certification is not member of the commission and is appointed from among government employees of the Agency of geodesy, cartography and inventory.

13. The decision of the commission on certification is made by open voting by voices of two thirds of members of the commission.

14. Commission session on certification is considered competent if at least two thirds of her members participate in it. Membership in the commission on certification is not paid.

15. In case of parity of voices the commission chairman on certification suggests to repeat voting procedure. If equality of votes is registered repeatedly, the commission chairman on certification makes the decision on consideration of materials on certification of specialists in the field at the regular meeting of the commission on certification in the presence of all members of the commission, having specified it in the protocol.

16. The commission chairman on certification:

1) is completely coordinated by activities of the commission on certification, represent the commission on certification in the relations with the third parties;

2) is provided by observance of the procedure of certification according to this Provision;

3) bears responsibility for activities of the commission on certification;

4) conducts commission sessions on certification;

5) signs protocols of commission sessions on certification and the issued certificates;

6) the deputy to the chairman delegates the powers in case of disease or other justified circumstances which make impossible temporary fulfillment of duties.

17. Members of the commission on certification:

1) participate in commission sessions on certification;

2) are announced conflict of interest;

3) consider documents of applicants;

4) is estimated by the results received by each applicant;

5) perform the voting power in case of decision making of the commission on certification;

6) is signed by protocols of commission sessions on certifications in which participated;

7) observe confidentiality of information from case of the applicant.

18. Secretary of the commission on certification:

1) receives applications for issue of the certificate and documents, relevant for stages of consideration of the application and for establishment of the actual and legal situation of rather allowing act, provides their registration and accounting, constitutes and transfers the stating certificate;

2) requests information on the applicant according to part provisions (9) article 6 of the Law No. 160/2011 on regulation of business activity by permission;

3) transfers for placement on the official web page of the Agency of geodesy, cartography and inventory information on holding procedure of certification, the list of the allowed applicants, the list of persons having certificates, information on suspension and withdrawal of certificates;

4) the place and time of carrying out commission session on certification tells members of the commission on certification and applicants date;

5) constitutes protocols of commission sessions on certification and provides their accounting and storage;

6) notifies applicants on results of consideration of the submitted documents;

7) is provided by registration and storage of personal records of applicants;

8) constitutes the Register of the issued certificates and the Register of the suspended/withdrawn certificates and provides their storage in accordance with the established procedure.

19. The commission on certification establishes date of the tests provided by the procedure of certification or the schedule of testing for a certain period of time and also provides holding procedure of certification.

20. The commission on certification develops the list of questions for the procedure of certification, formulates questions for specific tests, and also takes all necessary measures for prevention of cases of disclosure of information on content of questions and answers to the written test.

21. Decisions of the commission on certification are entered in the minutes.

Chapter III Organization of the procedure of certification

Section 1 Application for receipt of the certificate

22. For receipt of the certificate in the field of geodesy, cartography, topographical researches, geoinformatics and the inventory the applicant represents to the commission on certification of the Agency of geodesy, cartography and the inventory by means of the Automated management information system and issue of allowing documents (further - AIS UVRD) on the government portal of the state services (https://servicii.gov.md/) the statement (according to appendix No. 1) in electronic form, signed by the qualified digital signature. At the choice of the applicant the application can be submitted on paper to the address of the Agency of geodesy, cartography and inventory personally by the applicant or his representative authorized by the power of attorney or representative powers containing in the Register of representative powers based on the digital signature.

Are enclosed to the application:

1) copy of the identity certificate of the citizen of the Republic of Moldova;

2) copies of diplomas about education and/or copies of documents

about assignment of scientific ranks (in case of pedagogical workers);

3) the act confirming work experience in the field;

4) the activity list in the specialty which it executed and/or in which he participated;

5) the dated and signed declaration under own responsibility on lack of criminal record in the declared area for the last five years.

23. The commission on certification in the field of geodesy, cartography, topographical researches, geoinformatics and the commission on certification of cadastral engineers consider documents within 15 working days from the date of their representation by the applicant and make the decision on the admission or variation of the procedure of certification of the applicant, with its written notice.

24. For receipt of the certificate in the field of real estate appraisal the applicant represents to the commission on certification of the Agency of geodesy, cartography and the inventory by means of AIS UVRD on the government portal of the state services (https://servicii.gov.md/) the statement (according to appendix No. 1) in electronic form, signed by the qualified digital signature. At the choice of the applicant the application can be submitted on paper to the address of the Agency of geodesy, cartography and inventory personally by the applicant or his representative authorized by the power of attorney or representative powers containing in the Register of representative powers based on the digital signature.

Are enclosed to the application:

1) copy of the identity certificate of the citizen of the Republic of Moldova;

2) the copy of the diploma about the higher education and the copy of the documents confirming professional training (participation in rates of professional development, educational seminars, scientific / научно-практических conferences in the field, etc.);

3) the copy of the document confirming work experience in the Republic of Moldova at least a year as the practical appraiser or the trainee;

4) the copy of the report (reports) on assessment relating (relating) to one or several types of the real estate, developed (developed) by the applicant or with its participation. The report (reports) is submitted (are represented) in a depersonalized way, without specifying of surname (name) of the customer and his identification data, the address and cadastral number of object of assessment;

5) the dated and signed declaration under own responsibility on lack of criminal record in the declared area for the last five years.

25. The commission on certification of appraisers of real estate considers documents within 30 days from the date of their representation by the applicant and makes the decision on the admission or refusal in the admission of applicants to the procedure of certification, with their written notice.

26. The agency of geodesy, cartography and inventory immediately and unconditionally issues to the applicant the stating standard certificate according to the procedure in which the application was submitted.

27. The commission on certification stops current of the term of issue of the certificate established by the law and immediately notifies the applicant on suspension, informs him on the requirements provided by the law which are not fulfilled, and accurately specifies that the applicant shall provide that the request could be processed. Suspension cannot be applied for more than 30 calendar days from the date of the notification.

28. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 18.12.2024 No. 858

29. The statement for provision of the certificate is rejected if:

1) provisions of Items 22, 24 and 27 are not executed;

2) the statement or the submitted documents contain wrong or counterfeit data;

3) term in one year from the date of withdrawal of earlier issued certificate did not expire.

30. Date, the place and time of holding procedure of certification, and also the list of the allowed applicants are placed on the official web page and on information panel of the Agency of geodesy, cartography and inventory at least in 7 days prior to the planned date of the procedure of certification.

31. In case of absence of the applicant on the procedure of certification on reasonable excuses the commission on certification transfers its certification to other meeting, having specified it in the protocol.

The Section 2 Holding Procedure of Certification in the field of geodesy, cartography, topographical researches, geoinformatics and the inventory

32. The procedure of certification is carried out in two steps: the written test and interview which are conducted in the presence of the commission on certification. It is obligatory for the specialists for the first time requesting the certificate, specialists at whom the certificate, and specialists with the overdue certificate was withdrawn.

33. The applicants having the certificate have only interview if they submitted the application for provision of the certificate at least in 30 days prior to the expiration of its action. If the result of interview negative, the applicant is subject to the procedure of certification according to Item 32.

34. The written test and interview shall contain the questions concerning standards, provisions of regulations, professional practice, procedures of safety and quality of works, etc. which will be brought to the attention applicants by placement of information on the official web page of the Agency of geodesy, cartography and inventory.

35. For the purpose of increase in transparency of the procedure of certification anonymity of written works by their coding is provided. Time for the written test - one astronomical hour.

36. Assessment of results of the written test is performed by the commission on certification.

37. The result of the written test is estimated on 10-mark system. Condition of delivery of the written test is receipt of at least 7 points. After assessment of all works they are decoded.

38. The candidate list, allowed to interview, date and time of holding interview are placed on the official web page and information panel of the Agency of geodesy, cartography and the inventory. At the same time candidates are informed personally on electronic mail / phone on date, time and the venue of interview.

39. The interview is conducted no later than 5 working days from date of delivery of the written test. Duration of interview and the list of questions are determined by the commission on certification. During the interview members of the commission ask the same questions about certification to each applicant. It is necessary to provide that any candidate did not hear the questions asked his predecessors. The questions concerning the political choice of the candidate, religion, ethnic origin, material condition, social origin or questions which can be considered discrimination on the basis of sex cannot be asked.

40. The decision of the commission on certification on interviewing and provision of the qualification certificate is accepted by voices of two thirds of number of members of the commission. The final results received according to the written test and interview and also the decision of the commission on certification are brought to the attention of applicants within 10 days from the date of certification.

The Section 3 Holding Procedure of Certification in the field of real estate appraisal

41. The procedure of certification of appraisers of real estate consists from:

1) considerations of the valuation report submitted by the applicant at stage of filing of application about participation in the procedure of certification. Requirements to contents of the valuation report are stated in part (3) article 11 of the Law No. 989/2002 on estimative activities;

2) the written test which purpose is check of theoretical and practical knowledge of the applicant, skills of application of evaluation methods for cost determination of different types of the real estate;

3) interview which purpose is determination of level of knowledge of ethical, communication standards, and also capabilities of the applicant to protect the valuation report which is earlier provided to the commission on certification.

42. The written test and interview include questions from the theoretical and practical sphere of estimative activities. Both tests are carried out on the same day.

43. Content of questions is periodically reviewed taking into account changes in regulations in the field. Questions are published on the official web page of the Agency of geodesy, cartography and inventory.

44. Both tests, and also the valuation report are estimated from 1 to 10 points by each member of the commission on certification, at the same time checkpoints according to each test and according to the valuation report are 7 points.

45. The valuation report and answers of applicants to the written test are stored in personal records before the following procedure of certification.

46. Applicants who already had consistently three certificates of the appraiser of real estate and the work stoppage in this area constitutes no more than one year from the moment of the expiration of the last certificate, are exempted from the written test.

47. The decision on issue of certificates of the appraiser of real estate is made at the end of the procedure of certification, with the notification of applicants.

48. Results of the procedure of certification are noted in the examination sheets constituted according to the procedure, established by the commission on certification.

49. The applicant, not last one of tests within the procedure of the certification having the right to submit repeatedly the application for the admission to the subsequent procedure of certification according to Item 41.

50. The questions which are within the competence of the commission on certification are solved on commission session on certification.

51. Commission sessions on certification are held:

1) concerning the admission to certification process - not later than 7 days before the established date of tests for certification;

2) concerning carrying out tests and consideration of results of the tests provided by the procedure of certification, and decision making about issue of certificates - in day of carrying out tests within certification process.

52. The commission on certification of appraisers of real estate will organize meetings on consideration of the valuation reports of real estate submitted by the third parties for determination of compliance of these reports to regulations and methodology of real estate appraisal, with the invitation and hearing of appraisers who developed reports.

Chapter IV Procedure for consideration of appeals

53. The applicant who considers that in the course of carrying out certification the passed decision or violation of requirements of this provision were its rights recognized by the law are infringed can submit the reasoned appeal on the decision or the applied procedure within 3 working days after its notification on results of certification.

54. Appeals concerning the organization, carrying out and results of certification move in the Agency of geodesy, cartography and inventory.

55. The appeal is considered within 7 days from the date of its giving.

56. Contest of results of certification stops execution of decisions and recommendations of the commission on certification.

57. The commission on consideration of appeals is created by the order of the CEO of the Agency of geodesy, cartography and inventory and consists of 3 specialists who are not part of the commission on certification.

58. The appeal is submitted in writing and shall contain:

1) surname and name of the applicant submitting the appeal;

2) essence and the basis of the appeal with indication of legitimate rights and the interests of the applicant of the appeal violated during procedure of certification;

3) date and signature.

59. As a result of appeal one of the following decisions can be accepted:

1) the appeal is rejected as unreasonable if:

a) it is given with violation of fixed term;

b) does not conform to the requirements specified in Item 58;

2) the appeal is recognized reasonable.

60. The decision on results of appeal is entered in minutes which are signed by all members of the commission on consideration of appeals, and is brought to the attention of the applicant who submitted the appeal, in writing within 3 working days from the date of its removal.

61. If the applicant does not agree with the decision on results of appeal, he has the right to address to competent degree of jurisdiction.

Chapter V Issue and accounting of certificates

62. The certificate is issued to the applicant within 10 days from acceptance date of the relevant decision by the commission on certification.

63. The certificate is issued free of charge for a period of 5 years in the form of the electronic document which goes to the e-mail address specified by the applicant in the statement. At the choice of the applicant in addition to the certificate in the form of the electronic document to it the certificate on paper with the unique electronic identifier (QR code) allowing to perform electronic check of its authenticity can be also issued.

64. The following data contain the land and cartographic certificate / certificate of the appraiser of immovable property / certificate of the cadastral engineer:

1) the body which issued the certificate;

2) series, number and date of issue of the certificate;

3) surname and name of the owner;

4) the field of certification and category provided in appendix No. 2;

5) certificate effective period;

6) signature of the CEO of the Agency of geodesy, cartography and inventory;

7) QR code.

65. The sample of the certificate is provided in appendix No. 3.

66. For accounting of issue of certificates the Register of the issued certificates which is constantly stored at the secretary of the commission on certification is constituted.

67. In the Register of the issued certificates are specified:

1) sequence number;

2) surname and name of the specialist - the certificate holder;

3) these identity certificates (series, number, date and the organization which issued it, the residence);

4) the name of the company at which the specialist works;

5) series, number and date of issue;

6) areas and categories;

7) ceased to be valid according to the Order of the Government of the Republic of Moldova of 18.12.2024 No. 858;

8) notes.

Chapter VI Suspension and withdrawal of the certificate

68. Suspension and renewal of effective period of the certificate are performed according to the provisions provided in article 10 of the Law No. 160/2011 on regulation of business activity by permission.

69. The withdrawal of the certificate is performed according to the provisions provided in article 11 of the Law No. 160/2011 on regulation of business activity and also based on part (8) article 15-1 of the Law No. 989/2002 on estimative activities.

Chapter VII Issue of the duplicate of the certificate

70. Its loss or damage forms the basis for issue of the duplicate of the certificate.

71. In case of loss or damage of the certificate its owner shall publish the announcement of loss/damage of the certificate in the Official monitor of the Republic of Moldova, and also submit to the commission on certification the application for issue of the duplicate of the certificate with confirmation of publication of the corresponding announcement.

72. The duplicate of the certificate is issued by the commission on certification within 10 working days from the date of submission of the corresponding statement.

73. Effective period of the duplicate cannot exceed the term specified in the lost or damaged certificate.

74. In case of issue of the duplicate of the certificate the commission on certification makes the decision on cancellation of the lost or damaged certificate, with entering of corresponding changes into the Register of the issued certificates, no later than the working day following after decision making.

75. Provision of information and documents is performed including by means of the single portal of the public services www.servicii.gov.md.

Appendix №1

to Regulations on certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, assessment of real estate objects and the inventory

Sample

Statement for provision of the land and cartographic certificate / certificate of the appraiser of immovable property / certificate of the cadastral engineer

1. Surname and name of the applicant __________________________________________________

2. Year, birth date ________________________________________________________

3. These identity certificates:

date of issue _______________ ______________________________________ organization

really to _______________ the _______________________________________ series

4. Education (educational institution, specialty, year of release)
___________________________________________________________________________
___________________________________________________________________________

5. Length of service in the field ______________________________________________
___________________________________________________________________________

6. The legal entity, on behalf of which you act (the name, fiscal code and the address), as necessary
___________________________________________________________________________
___________________________________________________________________________

7. Date of the last certification __________________

8. Expiry date of the provided certificate __________________

9. Home address __________________________________________________________
_____________________________тел._______электронный address _____________

Date of filling _________________                       Signature _________________

Appendix № 2

See Appendix No. 2 (12Kb In original language)

Appendix №. 3

to Regulations on certification of specialists in the field of geodesy, cartography, topographical researches, geoinformatics, assessment of real estate objects and the inventory

Sample

Agency of geodesy, cartography and inventory

Certificate land and cartographic / appraiser of immovable property / cadastral engineer

No. ___________ series ____________

It is issued to mister/madam
--------------------------------------------------------------------------------------------------------
   Area geodesy, cartography, topographical researches and geoinformatics / assessment of immovable property / inventory of real estate

Category _______ *

Date of issue                  ____ ______________ 20 __.

It is valid to             ____ ______________ 20 __.

CEO    ___________________________
                                                  name, surname

 

* It is applied to the land and cartographic certificate.

Appendix № 2

to the Order of the Government of the Republic of Moldova of November 11, 2020 No. 817

The list of the Orders of the Government which are recognized invalid

1. The order of the Government No. 900/2003 about approval of the Regulations on certification of appraisers of real estate (The official monitor of the Republic of Moldova, 2003, Art. No. 163-166, 941), with subsequent changes.

2. The order of the Government No. 524/2006 about approval of the Regulations on certification of cadastral engineers (The official monitor of the Republic of Moldova, 2006, Art. No. 79-82, 569).

3. The order of the Government No. 324/2015 about approval of the Regulations on activities of Certifying commission in the field of geodesy, cartography, topographical researches and geoinformatics (The official monitor of the Republic of Moldova, 2015, Art. No. 139-143, 367).

 

 

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