ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 21, 2023 No. 609

About enforcement of provisions of the Law No. 17/2023 on associations of intercommunitarian development

Based on part (1) Article 7 and part (2) article 21 of the Law No. 17/2023 on associations of intercommunitarian development (The official monitor of the Republic of Moldova, 2023, Art. No. 75-78, 111) DECIDES: the Government

1. Approve:

1) the Standard agreement about creation of association of intercommunitarian development, according to appendix No. 1;

2) the Standard charter of association of intercommunitarian development, according to appendix No. 2;

3) Standard regulations on the organization and carrying out tender on substitution of vacant positions of the director and chief accountant of association of intercommunitarian development, according to appendix No. 3.

2. Recommend to bodies of local public authority to apply in the course of development and document approval about creation and the organization of associations of intercommunitarian development of regulations of the Standard agreement on organization of association of intercommunitarian development, the Standard charter of association of intercommunitarian development and Standard regulations on the organization and carrying out tender on substitution of the vacant positions of the director and chief accountant of association of intercommunitarian development specified in Item 1.

3. This Resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Appendix №1

to the Order of the Government of the Republic of Moldova of August 21, 2023 No. 609

The standard agreement about creation of association of intercommunitarian development

I. General provisions

1. This agreement founders / members "……………………" (the name of administrative and territorial units - participants of creation, IDNO, location) agree about creation of Association of intercommunitarian development "………………" (name) (further - Association) according to provisions of the Law No. 17/2023 on associations of intercommunitarian development, the Law No. 436/2006 on local public authority, the Law No. 220/2007 on state registration of legal entities and individual entrepreneurs, and also other regulations.

2. The association is created for the purpose of the organization, monitoring and joint administration of public service / the public services "………………………" (the public service / public services (further - Services/services) in zone of responsibility of administrative and territorial units - members of Association and for the purpose of joint implementation of the regional and local projects of development including intended for creation, upgrade and/or development proceeding from circumstances is specified, the construction infrastructure connected with Services / Services (it is brought into accord / it is filled for each separate case, proceeding from specifics of each association and local features).

3. Members of Association declare that the general interest which is been the basis for creation of Association is the main interest of inhabitants of administrative and territorial units - members of Association for improvement of service qualities / Services, the solution of local problems, improvement of quality of life, and also development of potential in involvement of funds for financing of necessary investments into the construction infrastructure connected with Services / Services.

4. Duration of implementation of activities of Association is not limited (proceeding from circumstances, the period of implementation of activities of Association is specified).

5. Within the activities the Association carries out the following tasks:

1) development and approval of the strategy of development of Services / Services;

2) ensuring accomplishment of the legislative provisions regulating area of provision of Services / Services;

3) monitoring of projects implementation of investments into the construction infrastructure connected with Services / Services;

4) creation of the interface for discussions and active partnership with bodies of local public authority in the field of development and administration of Services / Services for the purpose of coordinating the politician and actions in common interests;

5) development and approval of the specification and provision about Services / regulations on Services;

6) development and approval of documentation on administration award which without fail includes the draft agreement about delegation of administration and appendix to it;

7) the conclusion of agreements / contracts with operators of projects from name and for the benefit of the involved administrative and territorial units - members of Association who are given the general status of delegated. Depending on specifics of activities which create Services / Services delegated can be all members of Association - for all types of activity or only their part - for certain activities;

8) monitoring of agreement performance, the prisoners / agreements signed with operators / operators and regular informing on it the members;

9) tracking of accomplishment by operators of the obligations, especially concerning achievement of performance indicators, accomplishment of the confidential works and service qualities / Services which are provided / provided to users according to the received mandate and according to agreement provisions, application of the sanctions provided in the agreement by them;

10) determination and the offer of any actions for expansion of possibilities of financing of projects of investments into the engineering construction infrastructure connected with Services / Services;

11) improvement of planning of investments into the construction infrastructure connected with Services / Services.

The tasks provided in Item 5, will undergo changes depending on the purpose of the Association specified in Item 2.

II. Property of association

6. The association can have any property in property, except for prohibited by the law. The property of Association is used including for realization of authorized tasks.

7. The property of association is created of any sources which are not prohibited by the law including for the account:

1) the membership fees established by the resolution of general meeting;

2) grants and donations;

3) public funds;

4) the financial resources received according to the procedure of percentage assignment.

8. Members cannot transfer Associations to the possession public systems of municipal services, components of the corresponding systems or other property which is part of the public sphere of administrative and territorial unit.

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