1 Report of Activity of the Licensing Chamber for the period between 01.01.10 – 31.12.10 CONTENTS: 1. Organisation, functioning and financing of the Licensing Chamber…………....................3 1.1 General background.................................................................................................................3 1.2 Subunits of the Chamber and the staff-limit ........................................................................4 1.3 Chamber’s financial plan.........................................................................................................6 2. Achievement of the activity objectives of the Licensing Chamber........................................8 2.1. Licensing activity.................................................................................................................8 2.1.1 Valid licences.................................................................................................................8 2.1.2 Issuance/prolongation and renewal of licences.........................................................11 2.1.3 Licence fee.....................................................................................................................14 2.1.4 Evolution in the number of available licences and the licensing process for the years 2002 – 2010...............................................................................................................16 2.2 Control in the field of licensing and co-operation with the authorities of the central and local public administration..............................................................................19 2.3 Legal activity.....................................................................................................................22 2.4 International Co-operation..............................................................................................26 2.5 Licensing Registry.............................................................................................................26 2.6 Documents Management..................................................................................................27 2.7 Technical – material basis................................................................................................29 2.8 Key objectives of the Licensing Chamber for the year 2011.............................................29 Abbreviations for the types of activity subject to regulation through licensing, used in tables, diagrams and graphs Serial number of the type Abbreviation of the type of activity Full name of the type of activity 01 „Auditing” Auditing activity 02 „Assessment of real estate” Assessment of real estate activity 03 ,,Commodity exchange” Commodity exchange activity; 04 ,,Precious metals” Activity related to precious metals and gems; pawnshop activities; 05 ,,Gambling” Activity related to gambling: organization and performance of lotteries, running casinos, operating cash slot machines, establishing stakes in sports contests; 06 ,,Imported alcoholic products“ Manufacturing, storage and/or wholesale trade of alcoholic products and beer; 07 ,,Local alcoholic Production of ethyl alcohol, alcoholic products, beer and/or storing and
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Abbreviations for the types of activity subject to ... CL_rezumat_en...2 products “ wholesale of ethyl alcohol, alcohol products and local beer; 08 ,,Tobacco products” Import of
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1
Report of Activity of the Licensing Chamber
for the period between 01.01.10 – 31.12.10
CONTENTS:
1. Organisation, functioning and financing of the Licensing Chamber…………....................3
1.1 General background.................................................................................................................3
1.2 Subunits of the Chamber and the staff-limit ........................................................................4
Manufacturing, storage and/or wholesale trade of alcoholic products and beer;
07 ,,Local alcoholic Production of ethyl alcohol, alcoholic products, beer and/or storing and
2
products “ wholesale of ethyl alcohol, alcohol products and local beer;
08 ,,Tobacco products” Import of tobacco products; import and/or industrial processing of tobacco, production of tobacco goods and/or wholesale of fermented tobacco and
tobacco goods;
09 ,,Veterinary and
pharmaceutical
activity”
Veterinary and pharmaceutical activities and/or veterinary care (except
activity carried out by the state veterinary service);
10 ,,Phytosanitary
products”
Import and/or sale of phytosanitary products and fertilizers;
11 ,,Transport” Public transport;
12 ,,Construction design” Activities of designing all types of buildings, town planning, installations and
public utility networks, reconstruction and restoration work;
13 ,,Constructions” Building of structures and/or engineering facilities, installations and public utility networks, consolidations and restorations;
14 ,,Extraction of mineral
resources”
Extraction of mineral resources and/or production and bottling mineral and
natural drinking water;
15 ,,Geodetic activities” Activities of topographic and cartographic surveillance;
16 ,,Ferrous metals” Collection, storage, processing, sale and export of ferrous and non-ferrous
metals waste and scrap, used accumulator batteries, including ones in
processed condition;
17 ,,Toxic chemical
substances”
Import and/or production, storing, wholesale of toxic chemical substances,
household items and products;
18 ,,Manufacturing of seals”
Manufacturing and destruction of seals;
19 ,,Security activity” Private detective or security activity;
20 ,,Fire alert systems” Installation and/or adjustment, technical maintenance of automated fire alarm
and control systems, as well as smoke protection of buildings and fire alert
systems;
21 ,,Weapons and
ammunitions”
Manufacturing, assemblage, import and/or export, re-export, trade of
weapons and ammunitions and maintenance of weapons for civil use;
storage of pyrotechnical items and delivery of the service “pyrotechnical spectacles and fireworks” using the pyrotechnical devices for professional
entertainment;
24 ,,Data protection” Import, export, development, production and sale of cryptographic and
technical means for data protection, of special technical gadgets for secret
acquirement of information, service delivery in the field of cryptographic and
technical protection of information (except activities performed by public
authorities empowered for such work);
25 ,,Pharmaceutical
activity”
Pharmaceutical activity (including activities using drugs and/or psychotropic
medication), carried out by private pharmaceutical institutions (for newly-
created companies and institutions up to the reception of the accreditation
certificate), except the cases when the type of activity is amended or
supplemented;
26 ,,Medical and optical
devices”
Production, sale, technical maintenance and repair of medical and optical
devices;
27 ,,Healthcare” Healthcare provided by private medical-sanitary institutions (for newly-created companies and institutions up to the reception of the accreditation
certificate), except the cases when the type of activity is amended or
supplemented;
28 ,,Employment” Activity involving employment of citizens in the country and/or abroad;
29 ,,Tourism” Tourism activity;
30 ,,Grain storage” Activities of grain storage followed by issuance of storage certificates;
31 ,,Duty-free shops” Activity of duty-free shops, including servicing of the diplomatic corps;
32 ,,Customs brokers” Activity of customs broker;
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Types of activity excluded from under licensing regulation:
I. Totally 1 ,,Seeds material” Projecting of fruit-trees, bacciferous and vineyards plantations; production
and/or sale of seeds and planting stocks;
2 ,,Breeding livestock” Production, storing and sale of breeding livestock (animals, seminal material,
embryos, ovum, fish spawn and larva, bird eggs and silkworm eggs) for
reproduction;
3 ,,Drilling” Activities of drilling (except technical prospecting in construction);
4 ,, Radio-active
material”
Activity related to import, export, use, transportation, maintenance and
storage of ionizing radiation sources and radio-active material (including
radio-active waste) and to measure ionizing radiation fields;
5 ,,Genetics and
microbiology”
Activity in the area of genetics, microbiology as well as activities included in
III and IV risk classes, performed on genetically-modified organisms;
6 ,,Education” Activities of private educational institutions of all levels, stages, and forms of
training, complementary (extracurricular) and/or adult education, except the
one financed by the state budget.
II. Partially 1 Goods expertise activity;
2 International Transport of Goods by Road;
3 Manufacturing, import and/or export, re-export of substances destroying the ozone layer, including
equipment and products containing such substances;
4 Import and/or production of perfumery and cosmetics;
III. Post-accreditation 1 Pharmaceutical activity (including activities using drugs and/or psychotropic medication), carried out by
private pharmaceutical institutions (for newly-created companies and institutions up to the reception of
the accreditation certificate), except the cases when the type of activity is amended or supplemented;
2 Healthcare provided by private medical-sanitary institutions (for newly-created companies and
institutions up to the reception of the accreditation certificate), except the cases when the type of activity is amended or supplemented.
1. Organisation, functioning and financing of the Licensing Chamber 1.1 General background
To reach its major objectives, in 2010, the Licensing Chamber, as a special public body
under the Ministry of Economy, carried out its activity in line with the provisions of the
Constitution of the Republic of Moldova, Law no. 451-XV as of 30.07.2001 on the
regulation of the entrepreneurship activity licensing, Law 235-XVI as of 20.07.2006 on
the basic principles regulating the entrepreneurship activity, Regulation on the
organization and functioning of the Licensing Chamber and staff-limit, approved by the
Governmental Decision no. 779 as of 27.11.2009.
The primary attributions of the Licensing Chamber are:
I) implementation of the state policy in the regulation of the entrepreneurship
activity licensing field;
II) ensuring legislation observance in the regulation of the entrepreneurship activity
licensing field in line with the legal provisions;
III) generalization of the experience in the regulation of the entrepreneurship
activity licensing field;
IV) management of the licensing files.
4
Government Action Program “European Integration: Liberty, Democracy, Welfare” for
the years 2009-2013 foresee the removal of all administrative constraints in the business
environment. The period of reference is characterized by an ongoing process of reform of
the licensing system. Ensuing from the changes made to the structure and organization of
the central public authorities and in line with Law no. 21-XVIII as of 18 September 2009
on the amendment of Law no. 64-XII as of 31 May 1990 on Government, the Licensing
Chamber was transformed from central public authority into a special public body under
the Ministry of Economy.
In 2010, an important step taken to implement the action program concerned has been the
tailoring of the legal and institutional framework in the regulation of the entrepreneurship
activity licensing area. The major changes and supplements consisted in: decrease in the
number of types of activities subject to licensing under the competence of the Chamber
(from 37 to 32; out of 32 types, two are subject to licensing until the accreditation
moment); - 50% decrease of the licensing fee for businesses that have been registered at
least one year previous to the date the declaration on licence issuance was lodged; -
removal of the prior checking whether the applicant correspond to the licensing
conditions; - *50% decrease of the licensing fee for casino services (up to six tables),
etc. Law no. 176/2010 entered into force on 10 November 2010 (except for article 1,
clause 18, in the section referring to clause 1, letter e) from the appendix, which shall
enter into force on the day of its publication*).
Additionally in 2010, the Chamber carried out in line with the basic licensing principles
the total number of procedures regulating the entrepreneurship activity regarding the
issuance of licences, keeping of licensing files and registers and control over the
observance of the licensing conditions by the licence holders.
1.2 Subunits of the Chamber and the staff-limit
According to the Governmental Decision no. 779 as of 27.11.2009 for the approval of the
Regulation on the organization and functioning of the Licensing Chamber and its staff-
limit, a new structure of the Licensing Chamber was established by the Order of the
Ministry of Economy no. 175 as of 11.12.2009 and the staff-limit constituted 38 units (a
5% decrease compared to the previous period). By the end of 2010, the number of the
staff-limit holding public offices represented: 32 civil servants (84 %); and two
employees having technical status (5.3 %); Four positions remained vacant.
See below Table 1, showing the structure of the Chamber based on the criterion of age of
the employees for the years 2009-2010.
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Table no. 1 Structure per age of the staff of the Licensing Chamber
Indicators Year 2009 Year 2010 Changes in
positions Persons Share
%
Persons Share
%
Up to 30 years 24 (five persons out of it
are on maternal leave)
53.33 18
(three persons out of it
are on maternal leave)
47.37 - 6
31-40 years 11
(two persons out of it are on maternal leave)
24.45 11
(three persons out of it are on maternal leave)
28.95 -
41-50 years 5 11.11 6 15.79 +1
51-65 years 5 11.11 3 7.89 - 2
The share of the employees aged between 23 – 40 years in 2010 represented 76.32 %.
See below Table 2 showing the educational background of the employees holding public
positions as of 31.12.2010.
Table no. 1 Evolution in the educational background of the staff of the Licensing Chamber
Indicators Year 2009 Year 2010
persons Share % persons Share %
Higher degree in
economy
11 24.44 9 25
Higher degree in Law 18 40 18 50
Higher degree in
other fields
16 35.56 9 25
Post-graduate studies 3 6.67 4 11.11
Scientific degree 1 2.22 1 2.78
In 2010, the Licensing Chamber paid much attention to the education and vocational
training of the employees, by creating opportunities to participate in various training
seminars, workshops and conferences.
See below Table 3 showing the seminars and trainings.
Table no. 3 Participation in trainings and workshops of the employees
Training Year 2009 Year 2010
activities Mean number of
participants
activities Mean number of
participants
National 32 34 25 35
International - - - -
Internal training 10 30 5 35
In 2010, the staff turnover at the Chamber amounted to 44.7 % (compared to 13 % in
2009) and could be evaluated as a functional one, ensuing from the Chamber
reorganizational process.
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See Table 4 showing the data on turnover.
Table no. Staff turnover between 2009 and 2010
Year 2009 Year 2010
Employed Dismissed Resigned Employed Dismissed because of
Chamber reorganization
Resigned
4 - 5 12 10 7
In 2010, the Licensing Chamber deployed two open contests and as a consequence,
employed eight public officers. Four of them were beginners. The contests have been
organized in line with the Law no. 158 as of 04.07.2008 on the public office and the
statute of the public officer and in line with Governmental Decision No. 201 as
of 11.03.2009 on the implementation of the provisions of the Law no. 158-XVI as of 4
July 2008 on the public office and the statute of the public officer (procedure to organize
and deploy the contest for the vacancy of the public office).
1.3 Chamber’s financing plan
In 2010, 2 419.3 thousand lei have been budgeted to the Licensing Chamber in order to
carry out its powers. Further on, the value have been adjusted to the sum of 2 581.3
thousand lei after budget corrections. The execution of the approved budget has
represented 2 560.5 thousand lei. The total expenditures constitute 99.2% compared to
the approved budgetary provisions.
See below Table 5 showing the structure of approved expenditures and the ones made
between 01.01.2010 - 31.12.2010.
Table no. 5 The structure of approved expenditures and the ones made between 01.01.2010-29.12.2010
Name of expenditure
The initial
value
approved
for 2010,
thousand
lei
The value
adjusted to
the
amendments,
thousand lei
De facto,
thousand lei
Degree of
use,
%
Share,
%
Work payment 163.0 1628.5 1611.5 99.0 63.0
Social securities contributions 347.2 346.6 346.2 99.0 13.5
Payment for goods and services 388.1 480.1 476.7 99.3 18.5
represented 14.5%. The expenditure for the current repairs of the premises and inventory
amounted to 2.4 %, while the expenditure to build the technical and material base
constituted 3.6 %.
The structure of the institution’s expenditure variation depends on the institution’s
reorganizational process. Single allowances and redundancy allowances for holding
public offices have been paid to civil servants layoff, which amounted to 315.8 thousand
lei. Nevertheless, at the beginning, the budget of the Chamber did not foresee those sums.
After the corrections made to the Law on state budget for 2010, the Licensing Chamber
was allocated extra 162.0 thousand lei to cover its real expenditures.
Due to efficient internal managing policy of the budgetary means and a real savings
regime, the savings constituted 211.8 thousand lei. Upon approval of the Ministry of
Economy and Ministry of Finances, this money was rechanneled towards a certain
category of expenditure aiming to maintain and build the technical and material base of
the institution and namely: current repairs of the premises valuing 47 thousand lei;
purchase of fixed assets estimated at 80.1 thousand lei; purchase and setup of the
necessary equipment to ensure the interdepartmental security (25.0 thousand lei), etc.
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2. Achievement of the activity objectives of the Licensing Chamber
2.1. Licensing activity
2.1.1. Valid licences
According to the Licensing Register kept by the Licensing Chamber, the number of
registered licence holders was 12 572 as of November 10, 2010, while as of December
31, 2010, there were 10 231 licence holders. The decrease in the number of valid
licenses was caused by the effects of Law no. 176 as of 15.07.2010 amendment and
supplement of Law no. 451-XV as of 30 July 2001 on regulation of the entrepreneurship
activity licensing. According to this law, starting with 10.11.2010, 10 types/sub-types of
activity subjected to regulation through licensing have been excluded.
The situation with regard to the number of valid licences for types of activity subjected to
regulation through licensing by the Licensing Chamber for the years 2008 – 2010 is
shown in Table no. 6.
Table no. 6 The change in the number of valid licences for the years 2008 – 2010
Serial
number Type of activity Number of valid licences for
the periods
31.12.08 31.12.09 31.12.10
01 Auditing activity 125 127 130
02 Goods assessment 135 153 126
03 Commodity exchange 1 1 1
06 Precious metals 280 306 346
07 Gambling 52 72 73
08 Imported alcoholic products 62 64 61
09 Local alcoholic products 250 261 219
10 Tobacco products 61 59 67
11 Tree plantations projection 707 770 Excluded *
12 Seeds material 43 44 Excluded *
13 Veterinary and pharmaceutical activity 180 647 720
14 Phytosanitary products 279 286 305
15 Transport 1982 2040 936
16 Construction design 560 535 599
17 Constructions 3027 3163 3323
18 Extraction of mineral resources 170 172 165
19 Drilling 15 15 Excluded*
20 Geodetic activities 120 127 140
21 Ferrous metals 75 72 94
22 Radio-active material 18 17 Excluded *
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23 Toxic chemical substances 476 519 549
24 Manufacturing of seals 13 13 12
25 Security activity 122 149 172
26 Fire alert systems 59 77 82
27 Weapons and ammunitions 6 5 5
28 Explosives 10 11 12
29 Data protection 8 11 12
30 Pharmaceutical activity 806 788 563
31 Medical and optical devices 299 342 400
32 Healthcare 603 616 645
33 Genetics and microbiology 5 5 Excluded *
34 Employment 102 98 75
35 Tourism 254 264 341
36 Education 290 333 Excluded*
37 Grain storage 14 13 13
38 Duty-free shops 1 2 3
39 Customs brokers 5 14 42
TOTAL 11 215 12 191 10 231
Out of the total number of valid licences as of 31.12.2010, the highest rates were
registered in the fields of: construction of structures and/or engineering facilities,
installations and public utility networks, consolidations and restorations (32.47%); public
transport (9.14%); veterinary and pharmaceutical activity (except for except activity
carried out by the state veterinary service) (7.03 %); healthcare provided by private
medical-sanitary institutions (for the newly created institutions, up to the accreditation),
except the cases when the type of activity is changed or supplemented (6.30%); activity
of designing for all types of buildings, urban planning, installations and public utility
networks, reconstruction and restoration works (5.85 %). It should be emphasized that in
2010, there was a significant increase in the number of valid licences for veterinary and
pharmaceutical activity (300.0% and 11.28%) compared with 2008 and 2009 /Note: this
was due to the enforcement of Law no.9-XVI as of 03.02.2009, which amended art.18 of
the Law no. 451 - XV as of 30.07.2001 on regulation of the entrepreneurship activity
licensing, which stated that no fee is charged for the licence in the field of veterinary
assistance in rural areas/.
Additionally, an important increase of valid licences was registered for the activity of
production, sale, technical maintenance and repair of medical and optical devices (33.7 %
- compared to 2008 and 16.9% - compared to 2009).
In 2010, there was an obvious decrease in the number of valid licences for real estate
assessment activity, compared with 2008 and 2009 (6.6% and 17.6%); public
transportation (52.8% and 54.1% ); pharmaceutical activity, including the use of
10
narcotic and (or) psychotropic substances, deployed by the enterprises and (or)
pharmaceutical institutions (30.1% and 28.5%).
Chart no. 1 Distribution of valid licences according to fields of activity, as of 31.12.2010
6 252 licence holders were registered in the real sector; 3 744 in services delivery and
1235 in special areas.
The number of valid licences, based on the legal form of organization of the licence
holders is shown in Table no. 7.
Table no. 7 The number of valid licences according to legal form of organization of the licence holders Legal form of organization Total JSC LTD IE SE ME NGO
Number of licence holders
10231
836
7210
1414
126
76
69
Out of the total number of valid licences, the highest rate goes with Limited Liability
Companies (75.35%), individual enterprises (13.82%) and Joint-Stock Companies
(8.17%). The share of state enterprises represents – 1.23%, municipal enterprises –
0.75% and non-governmental organizations – 0.67%.
Out of the current 10 231 valid licences, 8 242 licences or 80.55% are headquartered in
urban areas (according to the legal address of the licence holder) and 1 989 licences or
19.44% are registered in rural areas. 6 390 licences or 62.45% are localized in Chisinau
municipality.
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Table no. 8 Distribution of valid licences according to legal address of licence holders, as of