Post Obtaining of Licenses and State Auctions

After the company is established and it is registered at fiscal, social insurance, medical insurance and statistics bodies, there are certain business activities that require a special license in order to be performed in Moldova. The list of such business activities is strictly regulated by law. As of today there are a considerable list of business activities requiring special license, including but not limited to auditing, banking and foreign currency exchange activities, construction of buildings and engineering facilities and networks, reconstruction, restoration, insurance activity, activity of professional participants on security market and others.

The license is an official document, issued by the licensing authority, certifying the right of the holder to carry out an activity specified in it, for a certain period, with obligatory compliance of license conditions.

In conclusion, when a newly created company, intends to carry out activities that require licensing, after the company is registered at the State Register Chamber, it is required to obtain license for the appropriate activity.

For the most business activities the license is issued by the Licensing Chamber (Camera de Licenţiere). For regulated market, including but not limited to banking, insurance, communications and energy the licenses are issued by the corresponded market regulators.

The types of activities that required to be licensed and the licensing conditions can be accessed by visiting the official website of Licensing Chamber 

In the Republic of Moldova there are entitled to license certain activities, the following state authorities:

 

The Licensing Chamber
The National Bank of Moldova
The National Commission of Financial Market
The National Agency for Energy Regulation
The National Regulatory Agency for Electronic Communications and Information Technologies
The Audiovisual Coordinating Council

 

The Licensing Chamber

The Licensing Chamber is one of the public authorities responsible for issuing licenses for the most types of activities (which require to be licensed according to law), including but not limited to:

  • audit activity;
  • real estate evaluation activity;
  • activity related to precious metals and gems, pawnshop activities;
  • import and storage of ethyl alcohol; import, storage and/or wholesale of alcoholic products and/or imported beer;
  • production of ethyl alcohol, alcoholic products, beer and/or storing and wholesale of ethyl alcohol, alcohol 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;
  • veterinary pharmaceutical activities and/or veterinary care;
  • projecting activities of all categories of buildings, town planning, installations and public utility networks, reconstruction and restoration work;
  • building structures and/or engineering facilities, installations and public utility networks, consolidations and restorations;
  • extracting mineral resources and bottling mineral and natural drinking water;
  • activities of topographic and cartographic surveillance;
  • collection, storage, processing, sale and export of ferrous and non-ferrous metals waste and scrap, used accumulator batteries, including ones in processed condition;
  • private detective or security activity;
  • installation and/or adjustment, technical maintenance of automated fire alarm and control systems, as well as smoke protection of buildings and fire alert systems;
  • import, storage and/or use of explosives (including fireworks) carrying out explosive work;
  • import, export, development, production and sale of cryptographic and technical means of information protection, of special technical gadgets for secret acquisition of information;
  • pharmaceutical activity;
  • production, sale, technical maintenance, repair and check-ups of optical and medical instruments and devices;
  • medical care activity, carried out by private medical-sanitary institutions;
  • activity involving employment of citizens in the country and/or abroad;
  • activity in tourist business;

The entire list of activities licensed by Licensing Chamber and other relevant information can be viewed visiting: http://www.licentiere.gov.md

 

The National Bank of Moldova

The activity of financial institutions, foreign currency exchange offices, and legal entities performing payment services and issuing electronic money is regulated and supervised by NBM. The NBM is the licensing authority for certain activities performed by institutions mentioned above, including:

  • banking activity;
  • activity of the foreign exchange offices (other than banks);
  • activity of providing payment services;
  • activity of issuing electronic money.

Additional information can be find visiting the NBM official website: http://bnm.org/

 

The National Commission of Financial Market (NCFM)

The activity of participants on financial non banking market is regulated and supervised by NCFM. The NCFM is the licensing authority for certain activities performed by institutions mentioned above, including:

  • activity of insurance companies (reinsurers), insurance and/or reinsurance brokers;
  • activity of nongovernmental pension funds;
  • activity of savings and loan associations;
  • professional activity on securities market;
  • activity credit history bureaus.

Additional information can be find visiting the NCFM official website: http://cnpf.md/

 

The National Agency for Energy Regulation (NAEG)

The activity of participants involved in energy market is regulated and supervised by NAEG. The NAEG is the licensing authority for certain activities performed by institutions mentioned above, including:

  • import and wholesale and/or retail of petrol, diesel and/or liquefied gas filling stations;
  • renewable fuel production;
  • the production of electricity; operation of the electricity market; transmission of electricity; centralized management of the power system; distribution of electricity; supply of electricity;
  • natural gas production; transportation of gas; gas distribution; storage of natural gas; natural gas supply;
  • provision of public water and/or sewer to regions, districts, cities, towns and villages;
  • production, distribution and/or supply of heat.

Additional information can be find visiting the NAEG official website: http://anre.md/

 

The National Regulatory Agency for Electronic Communications and Information Technologies (NRAECIT)

The activity of participants on electronic communications and IT market is regulated and supervised by NRAECIT. The NRAECIT is the licensing authority for certain activities performed by institutions mentioned above, including:

  • use of radio frequencies or channels and/or numbering resources for the provision of networks and/or electronic communications services;
  • services for the creation, implementation and ensuring the functioning of state automated information systems, including software.

Additional information can be find visiting the NRAECIT official website: http://anrceti.md/

 

The Audiovisual Coordinating Council (ACC)

The activity of participants on broadcasting market is regulated and supervised by ACC. The ACC is the licensing authority for certain activities performed by institutions mentioned above, including:

  • television and radio broadcasting activity

Additional information can be find visiting the ACC official website: http://cca.md/

In most cases, the fee charged by the licensing authority is 3250 lei and should be paid by the applicant in total amount before the license is issued or extended. The fee charged by the licensing authority for certain types of activities is different than the usual fee. More information regarding the cost of licenses for different types of activities (which require to be licensed according to law) can be viewed visiting: http://www.licentiere.gov.md/public/files/Ghid/Taxele%20pentru%20licente.pdf

Term of validity

 

Different licenses have different terms of validity, depending on the type of activity the license is issued for. The term of validity can be of 1, 3, 5 or 8 years. In order to extend the term of validity of the license, the holder have to submit a request for extension and to pay the required fee.

 

  • Declaration

 

In order to obtain a license, an enterprise manager or his/her authorized person or the physical person is required to file with the licensing authority an application in the established form (declaration).

The declaration can be submitted personally, by letter or by mail (as an electronic document with a digital signature, or via e-Licensing application). In order to submit the declaration online through the e-Licensing application, the applicant has to access: https://servicii.gov.md/AgencyDetails.aspx?aid=2d605b66-5248-4619-8cd8-d2d65f027e6f

In declaration there have to be specified the following:

  • the company’s name, legal organizational form, legal address, premises, fiscal code;
  • the type of activity, full or partial, for which the license applicant intends to obtain or to extend a license;
  • the license applicant’s confirmation of his/her ability to engage, on his/her responsibility, in a certain type of activity and authenticity of filed documents.

 

  • Attached documents

 

The following documents must be attached to the declaration:

  • a copy of the company’s certificate of state registration;
  • additional documents as required by normative acts regulating specific types of licensed activities.

The documents have to be filed in the original or in copies with the originals presented for verification (except if using e-Licensing application). Electronic copies may also be used to support the documents.

The license application and documents are checked and a signed certification of their receipt is provided to the license applicant. The license application (declaration) is considered invalid when: the application is filed by a person without appropriate authorization, or the documents provided do not fulfill the requirements.

The license applicant will receive a written notice within 3 working days if the application for a license is rejected. This will specify the reasons for refusal and will be forwarded within the timeframe authorized for issue of the license. When the applicant has eliminated the reasons for such refusal, a new license application may be submitted, which will then be reconsidered.

No other documents, except those envisioned above, may be requested by licensing authority.

 

  • Decision on License Issuing or Application Rejection

 

The Licensing authority shall make a decision to issue a license or refuse its issue within not more than five business days from the date the license application and all attached documents were filed.
Written notice of license issuance decision or license rejection decision shall be forwarded (handed in) to the license applicant within not more than one business day from the date either decision was adopted.

 

  • General information

 

The new Law no. 131 (adopted on 3 July and published on 31 July 2015) has transposed into the national legal system several EU Directives regarding public procurement system (EU Directive 004/18/EC of 31 March 2004, EU Directive 2014/24/EU of 24 February 2014 and EU Directive 89/665/EEC of 21 December 1989). The law has changed the procedures regarding the award of public supply and public works contracts. It entered into force on 1 May 2016.

The new law applies to all public procurement contracts of goods and services exceeding 80.000 lei and  public procurement contracts  of works exceeding 100.000 lei. In addition, certain provisions of the law institute specific rules for public procurement contracts of goods and services exceeding 2.300.000 lei and for public procurement contracts of works exceeding 90.000.000 lei.

For all public procurement contracts of goods and services not exceeding  80.000 lei and  public procurement contracts  of works not exceeding 100.000 lei have to be applied Regulations on procurement of low value.

The Public Procurement Agency is an administrative authority under the Ministry of Finance, established for the purpose of supervising, ex-post control and coordination of public procurements. The agency has functional autonomy.

Any resident or non-resident individual or legal entity has the right to participate under the law for awarding public procurement contracts.

The contracting authority is obliged to publish in the Public Procurement Bulletin a notice of intention for expected procurements (except several cases).

There are the following procedures for awarding public procurement contracts:

  • Open tender;
  • Restricted tender;
  • Competitive dialogue;
  • Negotiated procedures;
  • Requests of price offers;
  • Contest of proposals (solutions);
  • Acquisitions in case construction plans of social housing.

Open and restricted tenders are basic procedures for awarding public procurement contracts. Other procedures can be applied only in cases expressly provided by law. Additional, there are other special award procedures that can be applied: framework agreement, dynamic purchasing system, electronic auctions.

 

Open tender

Open tender procedure includes the offers of all entities wishing to participate at the auction. The contracting authority shall publish a participation notice in advance in order to inform potential participants about the tender, so that the participants can prepare their offers.

The participation notice must be published in the Public Procurement Bulletin and on the website of the Public Procurement Agency.

Restricted tender

Restricted tender is conducted according to the rules for an open tender. Additional, comparing with the procedure of an open tender, there is applied a short-listing procedure. Restricted tender procedure is conducted in two stages:

 

  • step of selecting candidates by applying qualification and selection criteria;
  • the evaluation phase of submitted offers by the selected candidates by applying the award criteria.

 

Restricted tender is initiated by publication of a participation notice (like in case of an open tender).

Submitting offers

The contracting authority shall fix the place, date and time for submission of bids under the law. The process of submitting the offer requires the filing of two separate envelopes that will contain the “technical proposal” and the “financial proposal”.

The offer: written, signed and, where appropriate, stamped, shall be presented in according with the requirements set in the tender documentation. The contracting authority shall issue to the applicant a receipt indicating the date and time of submitting.

Evaluation of offers (Qualification and Selection criteria)

The contracting authorities have to apply proportional qualification and selection criteria.  The proportional qualification and selection criteria could only refer to the following:

  • Personal situation of the candidate;
  • Ability to perform the professional activity;
  • Economic and financial capacity;
  • Technical and/or professional standing;
  • Quality assurance standards;
  • Environmental protection standards.

Detailed descriptions of each qualification and selection criteria are provided by law. Contracting authorities have to indicate the qualification and selection criteria for public procurement in the contract notice.

The criteria for awarding public procurement contracts are limited to:

  • the most advantageous tender in technical and economic terms; or
  • the lowest price.

There are certain evaluation indicators for most advantageous tender in technical and economic terms. Therefore, the price of the total bid evaluation cannot be lower than:

  • 60% for public goods contracts;
  • 80% for public works contracts;
  • 40% for public service contracts.

After the offers are evaluated and the contracting authority have selected the most advantageous one, there have to be concluded the public procurement contract.

The Agency for Solving Complaints has been established as an authority under the Ministry of Finance in order to settle complaints filed against public procurement procedures. The contracting authority is not allowed to conclude a public procurement contract if an appeal is filed during the procedure of public procurement.

The applicants can participate for awarding public procurement contracts using the Automated Information System “State Register of Public Procurement” (RSAP), which is an information system that provides informational support for applicants. RSAP is the online platform designed for applicants, in order to make easier the access to the information about public procurements and to make simpler the process of submitting offers. RSAP is the online application that helps the applicants to find the information about tenders, the conditions of tenders, the templates of documents for submitting the offers. More information about public procurements and videos helping to use RSAP can be viewed on the official website of Public Procurement Agency:

http://tender.gov.md