ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 8, 2014 No. 834

About approval of the Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

For the purpose of improvement of funding mechanisms from the government budget of the cultural projects performed by public associations and also according to provisions of parts (1) and (3) Articles 8, Item h) article 24 of the Law No. 837-XIII of May 17, 1996 on public associations (repeated publication: The official monitor of the Republic of Moldova, 2007, No. 153-156, BIS), with subsequent changes and amendments, and article 22 of the Law No. 21 of March 1, 2013 on creative specialists and the creative unions (The official monitor of the Republic of Moldova, 2013, Art. No. 64-68, 201), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on procedure for financing from the government budget of the cultural projects performed by public associations it (is applied).

2. Provide to the Ministry of Culture realization of this provision within the financial resources established annually in the law on the government budget.

3. Recognize invalid:

The order of the Government No. 39 of January 26, 2009. "About approval of the Regulations on procedure for financing from the government budget of the cultural programs, projects or actions performed by public associations" (The official monitor of the Republic of Moldova, 2009, Art. No. 19-21, 82);

Item 45 of the Order of the Government No. 341 of May 3, 2010. "About approval of changes and additions which are made to the separate orders of the Government" (The official monitor of the Republic of Moldova, 2010, Art. No. 70-71, 418).

Prime Minister

Iurie Leanca

Countersign: Minister of Cultural Affairs

Monica Babuk

Minister of Finance

Anatol Arapu

Approved by the Order of the Government of the Republic of Moldova of October 8, 2014 No. 834

Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

I. General provisions

1. The regulations on procedure for financing from the government budget of the cultural projects performed by public associations (further - the Provision), determine procedure for financial support from the government budget of public associations of the Republic of Moldova, for the purpose of support of creative potential, forming of adequate conditions for holding the cultural actions advanced by civil society and its integration in implementation process of national tasks in the field of culture.

2. Public associations get financial support by means of financing of the cultural projects provided by them in accordance with the established procedure this Provision within the assignments provided for this purpose in the annual government budget.

3. The batches and other social and political organizations, labor unions, employers' associations, the religious organizations and legal entities created by these organizations, the organizations created by state bodies, commercial societies, cooperative organizations or other similar organizations do not fall under action of this provision.

4. In this Provision the following concepts are used:

the cultural project – set of the cultural actions which are taking place during certain time, which purpose – satisfaction of cultural requirements at the local, regional, national or international levels;

the cultural project of special value – the cultural project which promotes realization of cultural actions of special value across the nation;

the request of the cultural project – the cultural project provided for financing from the government budget;

the applicant – public association which addresses for financial support for implementation of cultural projects;

the beneficiary – the applicant to whom the agreement on financing as a result of application of the procedure of selection of projects is awarded.

5. Object of this provision are cultural projects of the international, national, regional or local value which are implemented in the Republic of Moldova.

6. The principles making basis of financing of cultural projects are:

1) free competition – providing conditions for any applicant who has the right to become the beneficiary;

2) transparency – provision to all concerned parties of the complete information about the procedure of financing;

3) variety – the non-discriminatory address to applicants - to representatives of different areas and territories;

4) exception of retroactive effect – exception of possibility of use of the provided nonrecoverable funds for accomplishment of action which was begun or complete before or for the period of date of the conclusion of the agreement on financing.

7. Selection criteria and financings of cultural projects will be applied on non-discriminatory basis so that the applicant had equal chances for financing.

II. Procedure for submission of project offers

8. Financing of projects on the basis of selection of offers is carried out once in financial year and appears on the website of the Ministry of Culture and in mass media no later than August 1 of the following financial year.

9. The Ministry of Culture publishes on the website and in mass media general terms for representation of project proposals, the corresponding forms and other documents necessary for submission of the necessary documentation.

10. The public announcement shall contain the following data:

1) the total amount of budgetary appropriations, the predicted medium-term expenses for the corresponding year;

2) criteria for financing provision;

3) participation conditions;

4) contents of the file for the request for financing;

5) deadline of submission of the file and deadline of carrying out tender.

11. Documents on requesting of financing are submitted in the closed packet to the Ministry of Culture where are registered about what the supporting document is issued.

12. Documents of applicants on each separate project will contain the following:

1) bid (appendix No. 1);

2) cultural project (appendix No. 2);

3) income and expenditure budget of the project (appendix No. 3);

4) the data concerning the legal entity (appendix No. 4);

5) curriculum vitae of the project manager;

6) copy of articles of organization;

7) copy of the decision on registration of public organization;

8) the proof about availability of sources of own financing or from the sources provided by the third parties (intent letters, sponsor's agreements and other forms of financial support);

9) copies of the annual financial reports for 3 years in a row submitted to the Information service under financial statements which is under authority of National bureau of statistics;

10) the certificate on absence of debt before the budget;

11) the certificate of governing body of public association on lack of outstanding obligations to other physical persons or legal entities or the goods intended for forced execution.

13. Deadline of submission of projects to the Ministry of Culture - on October 15. The projects submitted after deadline will not be considered.

14. Projects include the purposes and project tasks, the cultural and social value of the project expected results, influence of the project and indicators of assessment of finance costs.

15. Expenses on projects are estimated on the basis of the existing regulations, shall be proved and provided in detail in Articles and parts of budgeted expenses according to budget classification.

16. The expenses necessary for implementation of projects shall be divided into those which are provided at the expense of own income of the applicant of financing, and those which become covered from the government budget. The offers based only on support from the government budget will not be considered.

17. Within the project the direct expenses connected with holding separate cultural actions separate from total administrative expenses.

18. The direct expenses relating to certain individual activities of the project include the fees, payment for accommodation, food / daily daily issues for participants, payment of transport, lease (rooms, the equipment, suits, light, stands, etc.), the advertizing, publishing expenses, prizes, goods, special equipment, office supplies and stationery and other expenses which are directly connected with project implementation.

19. Total and administrative expenses which are made for activities of the beneficiary in general and which can be intended for the solution of certain task in the project include salary payments for the personnel participating directly in promotion of the project, bank commission charges, the special equipment and equipment for project implementation. The requirements connected with servicing and development of capacity of the organization are not financed.

20. In 2-day time from the last date of submission of offers the Ministry of Culture will promulgate, by placement on the website of the ministry, information on the received applications, with indication of public association, names of projects and amount of the financial resources requested from the government budget.

III. Assessment and approval of cultural projects

21. For the purpose of selection of cultural projects to which the financial support from the government budget will be provided the Ministry of Culture creates by means of the order for one year, Commission of experts and approves Regulations on it. The commission of experts consists of 7 members - representatives of the office of the ministry (2 persons), subordinated organizations (2 persons) and civil society (3 persons). Subordinated organizations of the Ministry of Culture and public associations can make offers on completion of commission of experts till October 15 every year.

22. Payment of members of commission of experts, except for representatives of bodies of the central public management, will be made per unit of time, according to directly used time registered in the protocol of meetings for the account and within annual budgetary appropriations of the ministry.

23. Work of the commission during the meeting of experts in project evaluation is headed by the commission chairman appointed by the order of the minister.

24. Each member of commission of experts signs the declaration on impartiality according to the sample provided in appendix No. 5 to this Provision.

25. The commission of experts considers offers on financing and approves on the basis of the criteria stated in annex No. 6 to the Provision, in case of majority of votes of the present members, the list of the selected projects and amount of financial support for each project separately within the assignments provided for this purpose the following financial year.

26. The commission of experts makes the decision on allocation of all or part of the requested amount within the project. The amount of financing of the cultural project is established to 50% of total cost, but no more than 100 thousand lei on one project.

27. Projects are selected on the basis of points, according to appendix No. 7, proceeding from the analysis of the following criteria:

1) consolidation potential for project implementation;

2) reasons is more whole;

3) argumentation of the budget;

4) consolidation capability in attraction of financial resources and partners;

5) cultural value of the project;

6) social importance of the project;

7) relevance of the project and compliance to the purposes and actions of the strategy of development for national culture;

8) influence of the project;

9) viability of the project;

10) quality of the mechanism of monitoring and assessment of results.

28. Projects cannot be financed:

1) humanitarian assistance or charity;

2) party political activities;

3) scientific research, including conferences and/or individual trips abroad;

4) business activity;

5) the projects providing initial institutional development of the organizations.

29. Cannot be selected projects of public associations which:

1) submitted incomplete documentation and did not react to request of the Ministry of Culture about its amendment within 5 days;

The blocked bank accounts have 2);

3) did not observe the agreement on financing within the last two years or provided the inexact declaration for the same period during the previous participation in tender.

30. The list of the cultural projects selected for financing from the government budget the following financial year is posted on the website of the Ministry of Culture and in mass media no later than December 25.

31. For the purpose of ensuring financing of cultural projects of special value which appear within financial year the Ministry of Culture, with the consent of commission of experts, create the fund constituting up to 10 percent from the budgetary appropriations provided on these purposes for implementation of project offers.

32. Selection of projects from the means placed in Fund is made for additional financing on the similar above principles.

IV. Financing of cultural projects

33. Financing of projects is performed on the basis of the agreement signed between the Ministry of Culture and the beneficiary.

34. To the agreement it is applied: the cultural project (appendix No. 2) and the estimate of the approved budget expenses.

35. Public associations shall be in the Ministry of Culture for agreement signature about financing of the project no later than 60 days from the date of publication of results of tender on the website of the Ministry of Culture. In case of absence at the scheduled time the corresponding consolidation is excluded from financing, and the exempted resources are transferred to other applicants participating in tender according to the same procedures.

36. Assignments for the project are paid by installments according to the agreement.

37. The last tranche of financing constitutes 20 percent from the cost of the agreement and is allocated only upon completion of work and submission of supporting documents and the report on implementation of the cultural project.

38. Depending on the terms provided by the agreement on financing, beneficiaries of financial resources represent to the Ministry of Culture distribution of monthly expenses for financing, according to requirements of the Ministry of Finance.

39. The Ministry of Culture, in turn, represents to the Ministry of Finance in accordance with the established procedure and the specified terms funding plan of these expenses.

40. Accomplishment of the approved cash expenses is performed in accordance with the established procedure, by means of treasurer system of the Ministry of Finance.

41. It is forbidden to use not for designated purpose the means provided in the agreement of financing of cultural projects signed between the Ministry of Culture and public associations.

42. The unused amounts after project completion are transfered to account the government budget, no more than in 30-day time.

V. Accounting and control of use of means

43. Public associations which received financing from the government budget shall provide to the Ministry of Culture the annual analytical report about use of the allocated financial resources (appendices No. 7 and 8) with application of copies of supporting financial records.

44. The Ministry of Culture in accordance with the established procedure and terms submits to the Ministry of Finance reports on use of the budget funds allocated to public associations.

45. In case of use of budgetary funds in other purposes, except those that were provided in this Provision the receiver bears responsibility according to the law.

Appendix №1

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

Request form for participation in tender

To the Ministry of Culture of the Republic of Moldova

Public association ______________________________,

                                             (name of consolidation)

registered in the Ministry of Justice No. ________ from _____________, legal address: _______________________________, according to

Regulations on procedure for financing from the government budget of the cultural projects performed by public associations represents

for participation at tender for receipt of financing from the government budget on _______ year, the cultural project:

______________________________________________

                    (name of the project)

Are applied:

1. Cultural project

2. Income and expenditure budget of the project

3. Data on the legal entity

4. Curriculum vitae of the project manager

5. Copy of Articles of organization

6. Copy of the decision on registration of the organization

7. The proof about availability of own means of financing or provided by the third parties (intent letters, agreements, sponsorship, other forms of financial support)

8. The copy of the annual financial reports for 3 years in a row submitted to Information service according to the financial reporting of National bureau of statistics

9. The certificate on absence of debt before the budget

10. The certificate of governing body of consolidation on lack of obligations in connection with other physical persons or legal entities or the real estate which is in the mode of forced execution

Director/chairman of public association

_________________________________

     (surname, name and signature)

Date, seal

Appendix № 2

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

Form of the cultural project

1. Name of the project

2. The name of the organization - the applicant

3. Name, surname of the project manager (contact information: e-mail, phone)

4. Purposes and project tasks

5. Place and duration of implementation of the project

6. Cultural importance of the project

7. Social importance of the project

8. Relevance of the project

9. The expected results

10. Influence of the project

11. Project evaluation indicators

12. Summary of the project and total required amount (0,5-1,0 of p.)

13. Description of implementation of the project

14. The list of persons involved in project implementation

15. Income and expenditure budget of the project

Appendix №. 3

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

Form of the income and expenditure budget of the cultural project

Consolidation ________________________ ____________________________

                                                              (name of consolidation)

Cultural _________________________________________ project

                                                 (name of the project)

Number and venue ___________________________________

Expense categories	Unit of measure	Quantity of units	Cost of one unit	Amount (lei)	Contribution of consolidation (lei)	Other vznosoa (lei)	The required amount from the government budget (in lei)
I. Direct expenses
1. Fees
2. Accommodation
3. Food / daily compensation (at most 20% of total amount of the provided financing)
4. Transport
5. Lease (rooms, equipment, suits, light, stands, etc.)
6. Advertizing
7. Publishing services
8. Awards
9. Goods
10. Office supplies and office supplies
11. (Specify) other special expenses
II. Administrative expenses
12. Salary
13. Taxes (%)
14. Equipment, equipment
In total (lei)

Director/chairman of the combining ___________________________

                                                      (name, surname and signature)

Accountant __________________________________

Seal               (name, surname and signature) 

 

Appendix №4

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

Form of data on the legal person

1. Name of consolidation

2. Room and registration date in the Ministry of Justice

3. Certificate number about registration

4. Legal address

5. Contact information: phone, e-mail

6. Fiscal code

7. The bank account in Moldovan lei

8. Director/chairman of consolidation: name, surname, phone

9. Accountant of consolidation: name, surname, phone

10. Practical experience of consolidation, cultural events held in the last two years

11. The previous projects financed from the government budget with indication of financial assignments

12. Active members of consolidation

Appendix № 5

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

Form of the Declaration on impartiality

Undersigned, ________________________________________,

the member of Commission of experts of the Ministry of Culture of the Republic of Moldova for assessment of cultural projects of the public associations provided for participation in tender on receipt of financial assignments from the government budget I declare that neither I, nor the spouse, nor relatives or members of the family of the second degree of relationship inclusive, have no valuable or non-property interests concerning requests for partial or complete financing of the cultural projects provided to Commission of experts on ________ year.

I confirm that if in selection process and project evaluations, I knows of existence of such interest, I will at once report about it and I will declare secession of Commission of experts.

Signature

Date

Appendix № 6

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

Form of criteria for evaluation of cultural projects

№ payment order	Evaluation criteria	Characteristics	Maximum number of points
	Potential of associations for project implementation	Has own potential of material and human resources and experience in the field	10
	The argumentation is more whole	Accurately certain, specific, measurable, the available realistic, achievable purposes in time - SMART	10
	Motivation of the budget	Is realistic, weighed, strictly aimed	10
	Capability attract financial resources and partners	Has partners and joint financing	10
	Cultural value of the project	Original, innovative, authentic, unique	15
	Social value of the project	It is directed to all citizens, for certain area / commune, the region, certain social or professional category	15
	Timeliness of the project, orientation on realization of the purposes and actions of the strategy of development for national culture	Answers strategic objectives for development of national culture, to spirit of the age, social and cultural requirements	10
	Influence of the project	Promotes training, development, education, culturation, partnership, strengthening	10
	Viability of the project	Steady, high-quality, successful, it is highly appreciated by society	5
	Quality of the mechanism of monitoring and assessment of project deliverables	Accurate, is developed step by step, with well certain indicators	5
	Maximum number of points		100

 

Appendix No. 7

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

The form of the analytical report about implementation of the cultural project

1. Name of consolidation

2. Name of the project

3. Agreement number, signed with the Ministry of Culture

4. Name, surname of the project manager

5. Main project deliverables

6. Ratio of the programmed purposes with final results

7. Impact of the cultural project

8. Social impact of the project

9. Assessment of the final project budget

10. Conclusions, comments

Appendix No. 8

to Regulations on procedure for financing from the government budget of the cultural projects performed by public associations

The form about the financial reporting concerning use of the funds allocated from the government budget for the cultural project

   Combining ______________________________________________

                                          (name of consolidation)

Cultural _________________________________________ project

                                              (name of the project)

Date and venue _____________________________________

Agreement number, signed with the Ministry of Culture  _______

Expense categories	Unit of measure	Quantity of units	Cost of one unit	In total it is allocated  (in lei)	In total it is used (in lei)	Difference (in lei)
I. Direct expenses
1. Fees
2. Accommodation
3. Food / daily compensation (at most 20% of total amount of the provided financing)
4. Transport
5. Lease (rooms, equipment, suits, light, stands, etc.)
6. Advertizing
7. Publishing usluk
8. Awards
9. Goods
10. Clerical and office supplies
11. (Specify) other expenses
II. Administrative expenses
12. Salary personnel
13.  % taxes
14. Equipment, equipment
In total (in lei)

 

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