Instruction No 6 of Moldova's Commission for Emergency Situations

Chisinau, 27 March /MOLDPRES/ - Prime Minister Ion Chicu has referred to the Instruction No 6 of Moldova’s Commission for Emergency Situations:  

„Dear Friends,

Let me present you the Instruction No 6 of Moldova’s Commission for Emergency Situations.

INSTRUCTION No 6 from 26 March 2020

In accordance with the Article 22 from the Law No 212/2004 on the regime of state of emergency, of siege and war, Article 2 of the Parliament Decision No 55/2020 on the declaring of the state of emergency, points 6, 7, 8 and 9 from the Regulation of the Moldova’s Commission for Emergency Situations, approved under the Government Decision No 1340/2001, Moldova’s Commission for Emergency Situations,   

INSTRUCTS:

1. The people who out outside the home/residence or other living place are obliged to have on them an identity act of other written act which confirms the person’s identity.

2. The presence in public places in groups with more than three persons (excepting the groups made up of family members of the first and second degrees in the right or collateral line, paramours or other persons with capacity of legal representative of one of the family members) is banned starting from 27 March 2020.  

3. The days on the period 30 March – 3 April 2020 are declared days-off for all public sector units, except for:

3.1. the medical and sanitary institutions, public health institutions and auxiliary services for the public health institutions, rescuing, emergency and social assistance services;

3.2. the administrative authorities from the fields of national defence, public order and national security.  

4. The recovery of these days will be made in the way established by the government, after the state of emergency is lift.

5. The institutions/authorities in charge of the organization and launch of the process of payment of pensions and social benefits (National Social Insurances House, Posta Moldovei (Moldova’s Post) State Enterprise, National Bank of Moldova, Finance Ministry (State Treasury), territorial social assistance structures) will attract the strictly needed staff to ensure the functionality of the process.  

6. A special regime of work and of remuneration of labour in the public sector units is established on the period of the state of emergency:

6.1. maintenance of the procedure of coordination of the employment of the strictly necessary personnel for the fulfillment of the mission of the budgetary unit, regarded by the temporary moratorium of employment in the vacant positions registered, established in the Government Decision No 672/2019;  

6.2. employment of the needed staff for ensuring the activity in the public sector units from the sectors of public order and health, through simplified procedure (without contest, without sending to courses of initial training), through administrative act of the leader;  

6.3. full payment of the salary to all employees with full labour relations;  

6.4. instruction, through leader’s administrative act, of work at home for the staff, whose activity does not need compulsory presence at the place of work and can be ensured at distance on the period of the state of emergency, with the calculation of the salary in full quantum, in line with the Law No 270/2018 on the single salary payment system in the public sector;  

6.5. instruction, through leader’s administrative act, of the time of standing for the wage earners who are not on annual leave, unpaid leaves, are not present at the place of work and who cannot provide the distance work;   

6.6. during the standing, the salary in full quantum is calculated for the staff of the public sector units financed from the state budget, in line with the Law No 270/2018;

6.7. the National Social Insurances House (CNAS), local public authorities, public institutions with self-management, which enforce the Law No 270/2018 are recommended to maintain the salary according to the point 6.6, during the period of standing.

7. By derogation of the provisions of the Article 85  Prin derogare  paraghraph (13) of the Law No 131/2015 on public procurements, during the state of emergency, the procedure of solving appeals is made in written form, without the holding of open meetings for considering appeals, without possibility to orally submit conclusions to the National Agency for Settlement of Appeals, but with sides’ possibility to submit to the Agency written conclusions during all the period of the appeal’s settlement. The communication on this purpose will be carried out only by electronic means.  

8. By derogation from the provisions of point 25 from the Instruction No 3 from 23 March 2020 of Moldova’s Commission for Emergency Situations, the moratorium established on the state controls is not applied to the control carried out as to:

8.1. supervision of the safety of flights and aviation security;

8.2. supervision of the obligations of the state-port and state-pavilion.;

8.3. observance, on public roads, of the maximally allowed total mass, maximally allowed total mass on axes and/or the maximal dimensions allowed of road vehicles;  

8.4. combating the illicit road traffic.

9. The permissive acts issued to economic agents, such the acts issued to the staff working in the field, by the National Road Transport Agency and the Civil Aviation Authority, the validity term of which expires on the period of the state of emergency, are extended by 60 days.  

10. The Foreign Affairs and European Integration Ministry is empowered to coordinate the evacuation of Moldova’s citizens by charter flights.  

11. The Foreign Affairs and European Integration Ministry:

11.1. will compile the lists of the Moldovan citizens who are set to return to Moldova, with the compulsory indication of the family name, first name and residence in Moldova.  

11.2. will submit to Moldova’s Commission for Emergency proposals on the repatriation of Moldova’s citizens, giving priority to children, students, persons at medical treatment, other citizens at risk.  

12. By derogation from the provisions of the Article 28, paragraph (1) of the Law No 294/2007 on political parties, during the state of emergency, the political parties are allowed to use the state budget allocations for donating them to reduce the spread of the COVID-19 infection, with transfer on the banking account opened at the Finance Ministry to this end.

13. On the period of the state of emergency, the terms of providing of all social benefits do not start passing and if they began to pass, they are suspended during the entire period of the state of emergency.

14. The validity of the public key certificates for the mobile signature, which have expired or expire during the state of emergency, is prolonged de jure during the entire period of the state of emergency.

15. During the state of emergency, the ethyl alcohol undenatured from the tariff position 220710000, meant for the use of the antiseptic goods (disinfectants, diacids, anti-bacterial cosmetic goods) is exempted from the payment of excise duties within the limit of the volume set by the Finance Ministry, upon a request submitted by the economic agent.    

16. The ethyl alcohol, in a volume of 7,000 litres, provided for free by ZERNOFF Ltd Company, fiscal code 1003600014223, to the Health, Labour and Social Protection Ministry, is exempted from the payment of excise duties.  

17. The Interior Ministry (MAI) and Finance Ministry will ensure the temporary ceasing of the work of the state border checkpoints Costesti-Stanca (Moldovan-Romanian border) and Briceni-Rossoshany (Moldovan-Ukrainian border) starting from 29 March 2020, 8:00.   

18. The Foreign Affairs and European Integration Ministry will inform the competent authorities of the neighbour countries about the measures specified in the point 17.  

19. The lawyers, notaries, bailiffs are obliged, during the state of emergency, to ensure the continuity of the activity, with the observance of the sanitary and epidemiological norms. Starting from 27 March 2020, the non-observance of the this obligation during the entire period of the state of emergency represents a disciplinary infringement, which is sanctioned with the exclusion from profession, in the conditions and with the procedure established by the legislation in force, applicable for each profession. The ending of the state of emergency does not remove the disciplinary responsibility according to the provisions of the present Instruction.  

20. The leadership bodies of the professions provided for in the point 19 will take needed measures, in order to coordinate the work of the profession members during the period of the state of emergency, will check the observance of the obligations seen in the point 19 and will instruct the measures envisaged by the legislation in force.

21. The Justice Ministry will monitor the fulfillment of the points 19-20 of this Instruction. If the body empowered under law does not take the measures necessary for the calling to disciplinary liability, under the current Instruction, the justice ministry can initiate the disciplinary procedure, with the calling to disciplinary account of the persons mentioned in the point 19 of the present Instruction.  

22. The Instruction on the establishment of the settlement’s quarantine regime on the period of the state of emergency is approved, according to the annex.

23. The local commissions for emergency situations will ensure the implementation of the Instruction, with the allocation of the resources needed.  

24. The activation by the Interior Ministry’s General Inspection for Emergency Situation of the European Union’s civil protection mechanism is accepted for the carrying out of the measures for preventing the spread of the COVID-19 infection is accepted.  

25. The non-observance of the provisions/measures established by Moldova’s Commission for Emergency Situations represents danger for the public health and will serve as ground for the calling to contraventional liability  and/or criminal account of the persons guilty.  

26. The present Instruction enters into force at the moment of its issuance and is published on the government’s official webpage.