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LAW

on Business Activity Licensing

No. 451-XV of 30.07.2001

Official Monitor No.108-109/836 of 06.09.2001 of the Republic of Moldova

***

The Parliament adopts this organic law.

Article 1. Purpose and sphere of application of this law

(1) This Law sets the legal, organizational, and economic framework of business activity
licensing, states the types of activities subject to regulation and has the purpose to ensure the
observance of conditions stipulated by the law on businesses subject to licensing.

(2) The procedure of issuing, re-issuing, suspension, resuming, and canceling the licenses for
types of activities on financial banking and non-banking market is stipulated under laws that
expressly regulate these types of activities.

Article 2. General notions

For the purpose of this Law, the following notions are defined:

license – administrative act with permissive character issued by licensing authority during
the business regulating process, which certifies the right of the license holder to carry out integrally
or partly an activity during a certain period by observing compulsorily the licensing conditions;

license applicant – legal or physical person registered in the Republic of Moldova as


enterprise or organization irrespective of the type of property and legal form of organization, as well
as the physical person that can carry out the activities subject to licensing based on other legal acts
that submits the necessary application and documents for issuing a license to the licensing authority;

license holder – legal or physical person that obtained a license;

licensing conditions – aggregate of requirements and conditions set forth by law that
regulates expressly the licensed activities which observance is mandatory for the license applicant
and holder in carrying out the respective activity;

licensing – aggregation of all business regulating procedures related to issuance, re-issuance,


suspension, and cancelation of licenses, issuance of copies and duplicates, keeping the licensing
files and registers of licenses, supervising the observance of licensing conditions by the license
holders, adoption of prescriptions on removing the infringements of licensing conditions;
tacit approval – it is considered that the license is issued, re-issued, if the licensing authority
does not answer to the application on issuing, re-issuing of license within terms and conditions
stipulated by this law or by the laws that regulate expressly the licensed activities;

register of licenses – all information on issued, re-issued, suspended, renewed, and canceled
licenses;

one stop shop – procedure on which base the licensing authority together with other public
authorities or authorized institutions with regulating and control functions check the reliability of
the information submitted by the license applicant/holder and/or forward the received documents to
the specialized authorities for approval, in the cases when the legislation stipulates their on-line
approval or via electronic network to which the licensing authority has access to or in other way set
by these authorities without involving the license applicant/holder in this process.

Article 3. Basic principles of licensing

Basic principles of licensing are:


a) ensuring the equality of rights and legal interests of all enterprises, organizations, and
physical persons;
b) transparency of acts necessary to start and/or carry out an activity;
c) setting an unique licensing procedure on the territory of the Republic of Moldova;
d) decisional transparency in the licensing field;
e) predictability of licensing procedure;
f) material and procedural regulation through legal acts of licensing conditions and
procedures;
g) applicant’s declaration on personal responsibility to observe the licensing conditions
when carrying out the licensed type of activity;
h) non-involvement of applicant/holder by licensing authority in verification, approval
process of documents to be received, verified or approved in accordance with one stop shop
concept;
i) tacit approval, if the licensing authority exceeds the term set forth for issuing, re-issuing
of license and in the absence of its written notice, except for the cases stipulated by this law or the
laws that regulates expressly the licensed activities;
j) equity (proportionality) between society’s interests and rights of entrepreneurs in carrying
out the control on observing the licensing conditions, as well as suspension/cancelation of licenses.

Article 4. Criteria on setting the types of activities subject to licensing

The types of activities subject to licensing include the activities that correspond to one or
both criteria mentioned in letters a) and b), corroborated with the criterion set forth under letter c),
and namely:
a) implication of using the limited resources of the state;
b) need to set forth the special conditions and requirements for the activity, as well as
checking their observance during the activity in order to exclude the violation of citizens’ rights,
legal interests and health, environment, and state’s security;
c) licensing does not double other regulating procedures set forth by the law to allocate the
limited resources of the state and/or ensure the observance of special conditions and requirements to
exclude the violation of citizens’ rights, legal interests and health, environment, and state’s security.

Article 5. State policy on business activity licensing


(1) State’s policy on business activity licensing is promoted by the Ministry of Economy
and Trade.

(2) To carry out the activities set forth by this law, the Ministry of Economy and Trade shall
fulfill the following duties:
a) to monitor the implementation of this Law by licensing authorities and shall submit
quarterly reports to the Parliament and the Government;
b) to generalize the experience of business activity licensing, elaborate and promote
proposals on improving the legislation on business activity in accordance with principles set forth in
Law No.235-XVI on Basic Principles of Business Regulation;
c) to verify and approve the reports on regulatory impact analysis of draft normative acts
related to business licensing, by consulting compulsorily the private sector.

(3) The licensing authorities set forth in this Law shall participate in promoting the state’s
policy and shall be vested with the authority in business activity licensing within the provisions of
this law, as well as other laws that regulate expressly the licensing activities.

Article 6. Licensing authorities

(1) The licensing authorities are:


a) Licensing Chamber;
b) National Bank of Moldova;
c) National Commission of Financial Market;
d) National Agency for Energy Regulation (ANRE);
e) National Regulatory Agency for Electronic Communications and Informational
Technology;
f) Coordinating Council on Audiovisual.

(2) Licenses regulate the types of activities in accordance with competences set forth in
Article 8.

Article 7. Licensing Chamber

(1) Licensing Chamber, hereinafter referred to as Chamber, is an authority of central public


administration, has a statute of legal person and has a stamp with state emblem and its name. The
Chamber carries out its activity based on the Regulation approved by the Government.

(2) To achieve the activities set forth in accordance with this Law, the Chamber shall have
the following authorities:
a) to issue, re-issue, renew the licenses, to issue copies and duplicates, to carry out the
activities stipulated by law on license’s suspension, canceling, and invalidation;
b) to organize the control on observing the licensing conditions by the holders;
c) to ensure the verification of applicant’s compliance with the licensing conditions;
d) to make prescriptions on removing the licensing-related violations;
e) to keep the files and registers of licensing;
f) to order and keep the license forms;
g) to generalize the experience in the field and submit respective proposals to the
Government;
h) to submit to the Government annual reports on its activity.

(3) The Chamber’s decisions can be appealed in Court.


Article 8. Types of activities subject to licensing

(1) The following types of activities are subject to licensing:

a) by the Licensing Chamber:


1) audit activity;
2) real estate valuing and/or assessment of goods;
3) exchange activities;
4) insurance (re-insurance) activity; assets management of private pension funds (until 1
October 2008);
5) savings and loan association activity (until 1 October 2008);
6) precious metals and jewels activity; pawn office activity;
7) gambling activity: organization and running of lotteries, managing casinos, exploitation
of gaming machines with pecuniary advantage, making stakes on sportive competitions;
8) import and wholesale of ethylic alcohol, alcohol drinks and imported beer;
9) production and/or storage, wholesale of ethylic alcohol, alcohol production and beer;
10) import and wholesale of tobacco products; import and industrial processing of tobacco
and/or wholesale of fermented tobacco;
11) design of horticulture and vineyard plantations; production and/or sale of seeds, and
planting stock;
12) production, storage, and sale of pedigree biological material (animals, seed material,
embryos, egg cells, fish eggs and lava, and silkworm eggs) for reproduction;
13) veterinary and pharmaceutical activity and/or veterinary assistance (except for the
activity of State Veterinary State);
14) import and/or sale of phytosanitary products and fertilizers;
15) auto passenger transportation for public purposes; international auto transportation of
goods;
16) design for all categories of construction, urban planning, engineering installations and
networks, reconstructions, restorations;
17) construction of buildings and/or engineering premises, engineering installations and
networks, reconstructions, reinforcing, restorations;
18) mining operations and/or production and bottling of drinking mineral and natural water;
19) drilling works (except for engineering research in construction);
20) topographic and cartographic activity;
21) collection, storage, processing, sale, as well as export of residuals and wastes of ferrous
and non-ferrous metals, used-up, including processed accumulator batteries;
22) import, export, use, maintenance, and storage of ionizing radiation and radioactive
materials (including of radioactive waste) and field measurement of ionizing radiation activity;
23) import and/or production, storage, wholesale of toxic chemicals and materials,
household cleaning products; production, import and/or export, re-export of substances that destroy
ozone layer, as well as equipment and products that consists of such substances;
24) manufacture and destruction of stamps;
25) private detective and security activity;
26) assembling and/or check-out, technical assistance of automated system of fire detection
and extinguishment, as well as protection of buildings against smoke and fire alarm;
27) import and/or export, sale of weapons and munitions, reparation of organic, sport and/or
hunting, target shooting, training, award, collection and self-protection weapons;
28) import, storage and/or use of explosive materials (including pyrotechnic materials);
explosive works;
29) import, export, design, production, and sale of cryptographic and technical means of
securing the information, special technical devices of secret information obtaining; service
provision in the field of cryptographic and technical protection of information (except for activities
carried out by the public authorities vested with this right by law);
30) pharmaceutical activity, including use of narcotic and/or psychotropic medication
carried out by pharmaceutical companies and/or institutions; import and/or production of cosmetics;
31) production, sale, technical assistance, reparation, and verification of medical equipment
and optic devices;
32) medical insurance activity of private medical and sanitary institutions;
33) activity in the field of genetics, microbiology, and activities included under 3rd and 4th
risk degree classes carried out with genetically modified organisms;
34) employment-related activity of citizens locally and/or outside de country;
35) tourism activity;
36) activity of private education institutions of all levels, steps and forms; complementary
education (out-of-school) and/or for adults, except for the activity financed from the national public
budget;
37) storage of grains by issuing a warehouse certificate for grains;
38) activity of duty-free shops, including to serve the diplomatic corps;
39) customs broker activity;
b) by the National Bank of Moldova:
40) activity of banking institutions and exchange offices;

c) by National Commission of Financial Market:


41) insurance (re-insurance) activity; assets management of private pension funds
(beginning with 1 October 2008);
42) savings and loan association activity (beginning with 1 October 2008);
43) professional activity on real estate market;
44) activity of credit history offices;

d) by the National Agency for Energy Regulation (ANRE):


45) import, retail and/or wholesale of petrol, diesel oil, and/or liquid gas at the filling
stations;
46) generation of electrical energy; transport of electrical energy and/or central dispatch
activity; distribution of electrical energy; supplying the electrical energy at regulated and non-
regulated tariffs;
47) generation and/or storage of natural gas; transport of natural gas; distribution and/or
supply of natural gas at regulated and non-regulated tariffs;

e) by National Regulatory Agency for Electronic Communications and Informational


Technology:
48) use of radio frequencies or channels and/or numbering resources to provide networks
and/or electronic communication services;
49) providing services of designing, maintaining, and implementation of program products,
informational equipment and system of state importance;
50) providing services of designing, elaboration, implementation of automated informational
resources and systems of state importance (designing of databases, their exploitation and services
on information provision) and services for insuring their functionality;

f) by Coordinating Council on Audiovisual:


51) land radio-electric broadcasting activity and/or via any other telecommunication means
other than land radio-electric means.
(2) Types of activities that are not stipulated under paragraph (1) shall be carried out without
licenses or without other similar administrative acts, except for the authorizations stipulated
expressly by law to confirm some technical requirements, separated norms under a certain aspect.

(3) The introduction of licensing for all types of activities is possible only by amending and
completing the list of activities subject to licensing stipulated under paragraph (1).

Article 9. Content of the license

(1) The license forms are strict security forms. These forms have continuous series and
numbering. The type of license form and its annex is approved by the Government.

(2) The license consists of:


a) name of licensing authority;
b) series, number and date of issuing the license;
c) name, legal form, legal address of the license holder, enterprise or organization, legal or
physical person or name, first name of the license holder – physical person;
d) date and number of the state registration certificate of the enterprise or organization,
IDNO (Identification Number) of the enterprise or organization or series and number of the identity
card, IDNP (Personal Identification Number) of the physical person;
e) type of activity, integral or partial, for which the license is issued;
f) validity term of license;
g) signature of the head or deputy head of licensing authority certified with the authority’s
stamp.

(3) The annex is an integrated part of this and consists of all licensing conditions.

Article 10. Documents necessary to obtain a license

(1) To obtain a license, the manager of the enterprise or organization or the authorized
person or physical person shall submit to the respective licensing authority personally, via
recommended letter or email (in the form of digitally signed electronic document), a model
declaration approved by this authority, signed by the person that submits the declaration, which
consists of the following:
a) name, legal form, address, IDNO of enterprise or organization or name, first name,
address and IDNP of physical person;
b) type of activity, integral or partial, for which the applicant intends to obtain the license;
c) assuming the responsibility by the applicant for observing the licensing conditions of
carrying out the activity for which the license is requested and for the veracity of submitted
documents.

(2) The following are enclosed to the declaration of obtaining the license:
a) copy of the state registration of the enterprise or organization, or of the identity card of
the physical person;
b) additional documents in accordance with the provisions of legal acts that regulate the
licensed activity for which the license is requested. The copies of the documents can be also
submitted electronically.

(3) The request for other documents, except for those stipulated under this article, is
prohibited.
(4) Documents are submitted either as originals or copies. Data of documents and
information are checked through one stop shop procedure.

(5) Declaration on issuing the license and enclosed documents are registered, the copy is
forwarded to the applicant by mentioning the date of registration certified by the responsible person
of the licensing authority.

(6) The declaration on issuing the license shall not be registered if:
a) it was submitted (signed) by a person that has no authorization;
b) documents were processed by infringing the requirements of this article.

(7) If the declaration on issuing the license is denied, the license applicant shall be informed
in written within 3 working days from the day he/she submitted the application about the reasons
that led to suspension.

(8) If all the causes that served as grounds to suspend the licensing are removed, the license
applicant can submit a new declaration that is examined in accordance with the stipulated
procedure.

Article 11. Decision on issuing or on rejection the license

(1) Licensing authority, on the basis of the declaration on issuing the license and enclosed
documents, shall adopt a decision on issuing the license or on its suspension within 5 working days
from its registration.

(2) As an exception to the provisions of para.(1), in the cases expressly stipulated by laws
that regulate the respective licensed activity, an extended term to adopt the decision on issuing or
suspension the licensing can be set forth.

(3) The information about the decision on issuing the license shall be notified to the
applicant on the next working day after its adoption.

(4) The reasons to suspend the declaration on issuing the license are incorrect data in the
documents submitted by the applicant.

(5) If the declaration on issuing the license is suspended, the applicant can submit a new
application after removing all causes that served as reasons to suspend the previous application.

(6) The license shall be considered issued, if the licensing authority does not give any reply
within the terms stipulated by law. After the expiration of the cumulative term set forth for
notifying about the refusal to register, suspend or make a decision on the declaration on issuing the
license, if there is no written communication on the grounds of its suspension and/or refusal to
register the declaration on issuing the license, the license applicant can carry out the activity for
which he/she requested the license.

(7) If there is a situation mentioned under para.(6), the licensing authority shall issue the
license on the conditions stipulated under Art.14, para.(1).

(8) The tacit approval procedure stipulated under para.(6) shall be applied on all licenses
except for those issued by authorities from financial (banking and non-banking) sector in the field
of activities covering fire weapons, ammunition, and explosive.
(9) The negative reply given within the provisions of this law does not equal to tacit
approval.

Article 12. Scope of activity

(1) Licenses issued by the licensing authorities mentioned in this law are valid on the entire
territory of the Republic of Moldova, if the licensing laws do not stipulate territorial limitation.

(2) Licenses obtained in the Republic of Moldova are valid abroad in accordance with the
international agreements at which the Republic of Moldova is party.

(3) Licenses issued by the licensing authorities abroad are valid on the territory of the
Republic of Moldova in accordance with the international agreements at which the Republic of
Moldova is party.

Article 13. Validity term of the license

(1) For types of activities stipulated under art.8 para.(1) item.1)–3), 6)–39) and 45), the
license shall be issued for a 5 year period. The exceptions are stipulated under para.(2) and (3).

(2) For types of activities stipulated under art.8 para.(1) item.7), 8) and 10), the license shall
be issued for one year period.

(3) For types of activities stipulated under art.8 para.(1) item.9), the license shall be issued
for 3 year period, by indicating yearly in its context the term for which the license fee was paid.

(4) For types of activities stipulated under art.8 para.(1) item.46) and 47), the license shall
be issued for 25 year period.

(5) For types of activities stipulated under art.8 para.(1) item.4), 5), 40)–44) and 48)–51),
the validity term of the license shall be set by laws that regulate the respective licensing activity.

Article 14. Issuing of license

(1) The license shall be issued within 3 working days, starting with the day of receiving the
document that confirms the payment of license fee. The reference about the receipt date of the
document that confirms the payment of license fee shall be made on the endorsement of the
documents received from the applicant.

(2) If the applicant, within 30 days from the date he/she received the notification on the
decision on issuing the license, did not present the payment confirmation of license fee or did not
go to take the issued license, the licensing authority is entitled to cancel the decision on issuing the
license or to adopt a decision on recognizing the license as invalid.

(3) If the license holder intends to carry out the type of activity mentioned in the license
after the expiration of its validity term, he/she has the right to request its extension based on the
terms stipulated in art.13, by paying the license fee set in accordance with the legislation for the
further period. In this case, a reference of the new validity term, by mentioning the new term, shall
be made on the license. The reference on validity term extension can be applied on the license until
the expiration of previous validity term. In this case, the new validity term shall start from the last
calendar day when the previous validity term expires.
(4) License holder is not entitled to give the license or its copy to another person.

Article 15. Re-issuing of license

(1) The reasons to re-issuing of license are: change of license holder’s name and
modification of other data contained in the license.

(2) If there are grounds for re-issuing the license, its holder, within 10 working days, shall
submit to the licensing authority an application on re-issuing the license and the license that needs
to be re-issued and the documents (or their copies by presenting the originals for verification) that
confirm the modifications.

(3) The licensing authority shall adopt, within 10 working days from the date of submitting
the application on re-issuing of license and enclosed documents, the decision on re-issuing of
license and to notify the applicant about it. The re-issued license shall be issued on the same form
or, depending on the case, on a new form taking into account the modifications indicated in the
application; the necessary copies of this license are issued at the same time.

(31) The license shall be considered re-issued, if the licensing authority doesn’t notify the
applicant about the decision within the period stipulated under para.(3). After the expiration of the
adoption term on reissuing the license and, if there is no written communication on rejecting the
application on re-issuing of license, the license is considered to be re-issued.

(4) The validity term of the license cannot exceed the validity term mentioned in the
previous license.

(5) In case the re-issued license is issued on a new form, the licensing authority shall adopt
the decision on invalidity of the previous license by introducing the respective modifications in the
Register of Licenses not later than the working day immediately after the decision is adopted.

(6) While the application on re-issuing of license is examined, the license holder can carry
out its activity on the basis of a certificate issued by the licensing authority.

(7) The license that was not re-issued within the set term is considered not valid.

Article 16. Modifying the data in documents enclosed to the declaration on issuing of
license

License holder shall inform the licensing authority about all the modifications mentioned in
the documents enclosed to the declaration on issuing the license. The notification is submitted to the
licensing authority in person, through recommended letter or email (in the form of digitally signed
electronic document) within 10 days from the date the modifications occurred together with the
documents (or their copies) that confirm the modifications.

Article 17. Issuing license’s duplicate

(1) A reason to issue the license’s duplicate is its loss or deterioration.

(2) In case if the license is lost, its holder shall submit within 15 days to the licensing
authority in person, through recommended letter or email, an application on issuing the duplicate of
the license.
(3) If the license is deteriorated and cannot be used, its holder shall submit to the licensing
authority together with the deteriorated license and application on issuing its duplicate.

(4) The licensing authority shall issue the duplicate of the license within 3 working days
from the date of submitting the application on issuing the duplicate of the license.

(5) The validity period of the license cannot exceed the term of the lost or deteriorated
license.

(6) If the duplicate is issued, the licensing authority shall adopt the decision to cancel the
lost or deteriorated license by introducing the respective modifications in the Register of Licenses
not later than the working day, immediately after the day when the decision is adopted.

(7) While the application on issuing the duplicate is examined, its holder can carry out its
activity on the basis of a certificate issued by the licensing authority.

Article 18. License fee

(1) The fee for issuing the license for types of activities stipulated under art.8 para.(1)
item.1)–3), 6)–39) and 45)–47) is 2500 lei. The exceptions are stipulated under para.(2)–(4). The
fee for issuing the license for pharmaceutical units in the rural regions is 1800 lei.

(2) The fee for issuing the license for types of activities stipulated under art.8 para.(1)
item.7)–10) and 45) shall be paid annually in accordance with the annex to this law.

(3) The fee for issuing the license for types of activities stipulated under art.8 para.(1) item
9) shall be paid for each validity year of the license: when it is issued and at the expiration of each
year from the date of its issuance – in accordance with the annual fee set forth in this law. The copy
of the license that confirms the right of the branch or other separated subdivision to carry out the
activity on the basis of obtained license is paid in the same way.

(4) The fee for issuing the license for the type of activity stipulated under art.8 para.(1) item
37) shall not be collected.

(5) The fee for issuing the license for the types of activity stipulated under art.8 para.(1)
item 4), 5), 40)–44) and 48)–51) shall be set through laws that regulate the respective type of
activity.

(6) The fee for re-issuing the license and/or issuing its copy shall be set as 10% of the tax for
its issuance, but not more than 450 lei and 450 lei for its duplicate. The fee for re-issuing the license
and/or issuing its copy shall not be collected if the transport units are included and/or excluded
in/from the annex to the license for the type of activity stipulated under art.8 para.(1) item 15).

(7) The amounts of fees for issuing, re-issuing the license and/or issuing its copy for the
types of activities stipulated under art.8 para.(1) item 1)–3) and 6)–39) shall be paid into the state
budget.

(8) The amounts of fees for issuing, re-issuing the license and/or issuing its copy for the
types of activities stipulated under art.8 para.(1) item 4), 5) and 40)–51) shall be paid into the state
budget or the budgets of the competent authorities in accordance with the laws that regulate the
respective licensed type of activity.
Article 19. Control of licensing

(1) Licensing authority has the obligation to control the observance of licensing conditions
of activities for which the license is issued.

(2) When carrying out the control of licensing conditions, the licensing authority shall take
into account the following principles:
a) legality and observance of competence set by law;
b) prohibition to apply the sanctions that are not set forth by the law;
c) removing the issues while applying the legislation on behalf of license holder;
d) spending the money for control from the state budget;
e) prescribing the recommendations to remove the violations discovered as a result of
control;
f) right to appeal the actions of licensing authority.

(3) Planned controls to check the observance of licensing conditions by the holder shall be
carried out by the licensing authority at least once during the calendar year, with the cooperation,
depending on the case, of the representatives of the institutions with regulation and control
functions, in accordance with the competence.

(4) Unscheduled controls shall be carried out only on the basis of written notification from
the institutions with regulation and control functions on infringement of licensing conditions by the
license holder or in order to verify the observance of prescriptions on removing the infringements
that relate to licensing conditions.

(5) By derogation from the provisions of para.(4), in the cases and in accordance with the
procedures expressly stipulated by laws that regulate the respective type of activity, the unscheduled
controls on the observance of licensing conditions shall be carried out by the competent licensing
authority and on the basis of self-notification or written notification submitted in accordance with
the provisions of the legislation on consumer’s protection.

(6) When carrying out the observance of licensing conditions, the license holder shall
present the information and documents relevant to the purpose of control and shall ensure the
proper conditions for its undertaken.

(7) On the basis of control’s results, an act in two copies shall be completed, one copy is
forwarded to the license holder, and the second copy is kept with the licensing authority. In case of
disagreement regarding the control’s results, the license holder shall present within 5 working days
from the date of concluding the act a written disagreement enclosing the relevant documents.

(8) If any violations of licensing conditions are discovered, the licensing authority shall
issue within 15 working days from the conclusion of the control act the prescription on removing
the infringements including the recommendations on the way of removing all discovered
deficiencies as well as a warning on possible suspension or cancelation of the license, if the
discovered infringements are not removed within the set term.

(9) The license holder, after receiving the prescription on removing the violations of
licensing conditions, shall present to the licensing authority within the indicated term the
information on violations’ removal.

(10) In case when the violations of licensing conditions are discovered, the institutions with
regulating and control functions shall inform the licensing authority by presenting the supporting
documentation. The licensing authority, on the basis of submitted documents, shall verify the
observance of licensing conditions and shall issue, depending on the case, within 15 working days,
the prescription on removing the infringements of licensing conditions, in accordance with the
provisions of para. (8).

Article 20. Temporary suspension and resumption of license validity

(1) The license can be temporarily suspended in accordance with the provisions of Law on
Basic Principles of Business Regulation.

(2) Reasons to undertake the actions stipulated by law for temporary suspension are:
a) the application of license holder on its suspension;
b) annual or quarterly non-payment, within the set term, of the license fee;
c) non-observance by the license holder of the term of submitting the application on the
issuance of duplicate of the lost or deteriorated license;
d) carrying out of licensed activity by the branch and/or other separate sub-division of the
license holder without a copy of the license, in cases when the compulsoriness to obtain authorized
copies of the license is set forth by law.

(3) Decision on temporary suspension of the license shall be notified to the license holder
within 3 working days from the date of its issuance. The term of temporary suspension of the
license cannot exceed 2 months.

(4) The license holder shall inform in written the licensing authority on removing the
circumstances that led to temporary suspension of the license.

(5) The license holder shall be notified about the decision on resumption of license validity
within 3 working days from the date of its issuance.

(6) The validity term of the license shall not be exceeded during its temporary suspension.

Article 21. License’s cancelation

(1) The license can be canceled in accordance with the provisions of Law on Basic
Principles of Business Regulation.

(2) Reasons to undertake the actions stipulated by law for canceling the license are:
a) the application of license holder on its cancelation;
b) decision on canceling the state registration of the license holder;
c) discovering of some unauthentic data in the documents submitted to licensing authority;
d) discovering the case of transferring the license or its copy to another person to carry out
the licensed type of activity;
e) non-removal of circumstances that led to temporary suspension of license within the set
period of time;
f) continuous non-observance of prescriptions on infringements related to licensing.

(3) The license shall be canceled due to other cases stipulated expressly by law that regulate
the licensed type of activity.

(4) The reference on data and number of decision on license’s cancelation shall be made not
later than the next working day after the adoption of the decision.
(5) If the license is canceled, the license fee shall not be refunded.

(6) The license holder shall submit the canceled license to the licensing authority within 10
working days from the date when the decision on canceling the license was adopted.

Article 22. Secretarial work related to licensing

(1) The licensing authority shall make a file of licensing for each enterprise, organization,
physical person that submitted the application on issuance of license, and for each type of licensed
activity there should be kept a Register of Declarations and Issued Licenses.

(2) The file of licenses shall consist of all documents received from the license holder, as
well as copies of all license-related decisions and prescriptions of licensing authorities.

(3) The Register of Declarations and Issued Licenses shall contain the data about the
applicant, date of receiving the license, date and number of decisions adopted by the licensing
authority, date of issuing the license and the signature of the person who received the license.

(4) The licensing authority shall keep the Register of Licenses separately for each type of
licensed activity.

(5) The Register of License shall consist of:


a) data about the license holder;
b) type of licensed activity;
c) date and number of decision on issuing the license;
d) series, number and date of issuing the license;
e) validity term of license;
f) information on license re-issuing, issuing of copies and their duplicates;
g) reasons, data and number of prescription on removing the licensing-related
infringements;
h) reasons, data and number of decision on license’s temporary suspension and resumption;
i) reasons, data and number of decision on license’s cancelation;
j) reasons, data and number of decision on declaring the license invalid.

(6) Information about the Registers of Licenses is transparent and accessible on Internet.

Article 23. Final and transitory dispositions

(1) This law shall enter into force after 6 months from the date of its publication.

(2) The Government, within 6 months, shall:


present proposals to the Parliament to harmonize the current legislation with this law;
harmonize its normative acts with this law;
ensure the re-examination and cancelation by ministries and departments of their normative
acts that contravene this law;
adopt necessary normative acts to implement this law.

(3) Licenses issued before the validation of this law shall be considered valid until the
expiration of their term.

(4) Licenses for carrying out types of activities that are not stipulated in this law shall be
declared invalid.
(5) From the date of entry into force, Law No.332-XIV on Licensing Certain Types of
Activities of March 26, 1999 shall be repealed.

(6) Temporary, until December 31, 2003, the date of complete liberalization of
telecommunication services market, the services of local fix telephony stipulated under art.8 para.
(1) item 51) shall be provided by the operators in all areas of the country, except for Chisinau
Municipality and raion centers, reserved for national telecommunication operator – Joint Stock
Company "Moldtelecom".

(7) The Government shall revise all licensing conditions and list of necessary additional
documents to obtain the licenses for modified types of activities.

CHAIRMAN OF THE PARLIAMENT Eugenia OSTAPCIUC

Chisinau, 30 July 2001.


No. 451-XV.

Annex

License fee for certain types of activities

Type of activity Fee amount, lei


1. Gambling activity:
a) exploitation of gambling machine with pecuniary advantage, except for those 7200 for each unit
stipulated under letter b)
b) exploitation of American Roulette-type gambling machine with pecuniary advantage 40000 for each unit
c) betting during sportive and other kinds of competitions 14% of total amount of accepted bet
d) organization and running of lotteries:
- instantaneous 14% of the announced cost of raffle
tickets
- numerical 14% of the total sold raffle tickets
e) casino-related activity 180000 for each gambling table
2. Production and/or storage, wholesale of ethylic alcohol, alcohol production and beer:
a) production and/or storage, wholesale of refined ethylic alcohol 40000
b) production and/or storage, wholesale of ethylic alcohol and alcohol production 20000
c) production and/or storage, wholesale of beer 20000
3. Import and wholesale of ethylic alcohol, alcohol beverage and imported beer:
a) import of ethylic alcohol 40000
b) import and wholesale of imported alcohol beverage 40000
c) import and wholesale of imported beer 40000
4. Import and wholesale of tobacco goods; import and industrial processing of tobacco and/or wholesale of fermented
tobacco:
a) import of tobacco goods 20000
b) import and industrial processing of tobacco and/wholesale of fermented tobacco 20000
c) production and wholesale of tobacco goods 20000
d) wholesale of tobacco goods 20000
5. Import and retail and/or wholesale of petrol, diesel and/or liquid gas in filling stations:
a) import and wholesale of petrol and diesel; 200000
b) import and wholesale of liquid gas; 200000
c) retail sale of petrol and diesel in the filling stations for each filling station:
- in municipalities, raion centers, towns, along the national roads 20000
- in rural regions, along the roads, except for national roads 10000
d) retail sale of liquid gas in the filling stations, for each filling station 10000

Note:
1. If the number of gambling machine with pecuniary advantage or gambling tables increases when the license is issued,
the license fee for gambling activity shall be set depending on the number of months left until the expiration of the validity term
of the license.
2. Fee for re-issuing the license for gambling activity and its copy shall be 2250 lei, and 10000 lei for the duplicate of
license.
3. Fee for issuing the license for gambling activity (exploitation of gambling machine with pecuniary advantage,
organizing instantaneous lotteries and casino activity) can be paid quarterly in equal installments until the date of 25 th of last
month of the current quarter.
4. Annual fee for license for retail sale of petrol goods (for each station) can be paid quarterly, in equal installments.

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