Instruction No 2 of Moldova's Commission for Emergency Situations from 8 April 2021

In accordance with the Article 22 of the Law No 212/2004 on the regime of the state of emergency, of siege and of war, Article 2 of the Parliament Decision No 49/2021 on the declaring of the emergency state, points 6-9 from the regulation of the Commission for Emergency Situations (CSE), approved through the Government Decision No 1340/2001, CSE   

INSTRUCTS:  

1. The instruction No 1 of Moldova’s Commission for Emergency Situations from 1 April 2021 is amended as follows:

1.1. sub-point 4.4 will have the following content:

„4.4. The presence in public areas (woods, parks, alleys, beaches, leisure zones, playgrounds, etc.) in groups larger than three persons, except for the members of one family, is banned.’’

1.2. at the sub-point 12.4, the text ‘’sub-point 10.2’’ is replaced by the text ‘’sub-point 12.2.’’;

1.3. in the annex No 1, the chapter ‘’On the field of competence of the General Inspectorate of the Border Police. General’’ is abrogated.

2. CSE allows the resumption:

1. of trainings for preparing the participation of sportspeople, members of the national teams in international tournaments, with the compulsory observance of all measures of prevention and control of the COVID-19 infection;      

2.2. sports competitions held in open air, without audience, by the national sports federations accredited by the Education, Culture and Research Ministry, with the observance of the public health measures and of the Instructions approved by the Education, Culture and Research Ministry .   

3. The organization of practical probationary in the vocational and higher education institutions is allowed for pupils/students from the graduate groups.

4. On the emergency state period, the Justice Ministry has the right:

4.1. to change the procedure of appointment to office of the manager of the Unit of implementation of the project on construction of the penitentiary from Chisinau, leaders of the National Administration of Penitentiaries and of the penitentiary system, leaders of the agency of administration of law courts.  

4.2. to start the procedure of appointing the manager of the unit of implementation of the project on construction of the penitentiary from Chisinau, leaders of the National Administration of Penitentiaries and of the penitentiary system, leaders of the agency of administration of law courts.   

4.3. to ensure the organization and carrying out of the contests for the selection of representatives of the state’s interests in law courts and in the international arbitration courts.

5. Through derogation from the provisions of the Law No 133/2008 on the social assistance, the following provisions are not implemented on the period of the emergency state:

5.1. on the carrying out of the community interest activities;

5.2. verification at the current residence of the applicant/beneficiary of the authenticity of the information presented in the application for the providing of the social benefit and of the correctitude of the social benefit’s use.

6. Through derogation from the provisions of the Law No 105/2018 on the promotion of the employment and unemployment insurance, during the period of the emergency state:

6.1. The territorial employment subdivisions of the National Employment Agency take decisions on:

6.1.1. scheduling of monthly visits to the territorial subdivision where the person is registered as unemployed, in order to get support for employment;  

6.1.2. participation of jobless people in interviews with employers, in connection with prospects for employment, organized by the territorial subdivision for employment or at the own initiative;  

6.1.3. participation in the active measures of employment.

6.2. The territorial subdivisions for employment are allowed to register the people who do not meet the conditions for receiving the state of jobless persons, under the Law No 105/2018, but who lost their job on the period of the emergency state, given the pandemic situation (situation confirmed through a certificate of the employer where she/she worked) and establishing for these people, starting the date of submitting applications, the unemployment benefit worth 1,054 lei monthly, if they meet the following conditions:   

6.2.1. they are not employed officially, based on the individual labour contract or contract on providing services;

6.2.2. do not have a licence of individual entrepreneur;

6.2.3. are not founders, associates or managers of a legal entity with working goal and are not individual entrepreneurs, except for those in process of insolvency, liquidation, inactive or who do not generate incomes in the last 12 months before the registration date, which is confirmed through the concerned mentions in the state register of the law units, Integrated Programme of Files’ Management or the information systems of the State Fiscal Service;   

6.2.4. do not obtain incomes at the moment of issuance of the decision on the establishment of the unemployment benefit;

6.2.5. are not students at one of the day education institutions;   

6.2.6. do not have status of pensioner.  

6.3. The applicants meeting the conditions stipulated in the sub-points 6.2.1, 6.2.2  and

6.2.3 is confirmed by the territorial subdivisions for employment, based on the interconnections with the information systems of other institutions and the meeting of the applicants of the conditions stipulated in the sub-points 6.2.4, 6.2.5 and 6.2.6 is confirmed by them in an affidavit.  

6.4. The unemployment benefit for the people envisaged in the sub-point 6.2 is provided within the limit of the financial means available and if the concerned expenses exceed the limit of the financial means available, they will be proposed and approved at the rectification of the state budget law for 2021.

6.5. The unemployment benefit is paid by the National Social insurances House, based on the list of the jobless people, for whom the National Employment Agency established the right to unemployment benefit on the emergency state period.  

7. The public authorities/founders of the day centres, no matter the form of organization (public, private) will decide, jointly with the territorial emergency commission, the regime of work of the services, depending on the degree of alert in public health in the administrative and territorial unit, ensuring the implementation of the public health measures necessary.  

8. The local public authorities of the first and second levels will undertake measures of social support of people at risk, especially of the people with disabilities, people with chronic diseases, elderly people, families who are maintained from sporadic incomes, people who live alone, through the involvement of the territorial structures of social assistance/community social assistants, social employees and volunteers among the residents.   

9. The Health, Labour and Social Protection Ministry (MSMPS), jointly with the National Health Insurances Company (CNAM), will ensure the extension of the list of compensated medicines, in line with the provisions of the National Clinical Protocol INFECTION WITH NEW-TYPE CORONAVIRUS COVID-19(fifth issue) for the treatment of the patients with light and moderate forms of Covid-19, in conditions of ambulatory (at home).    

10. CNAM will ensure the enhancement of the rate of compensation of the medicines for the treatment of the patients with light and moderate forms of COVID-19, at home, from funds of the Association of Business People of Moldova (AOAM) from 70 per cent to 100 per cent for all categories of people (insured/non-insured).  

11. MSMPS will elaborate the mechanism of delivery of compensated medicines at home to the patients diagnosed with Covid-19, who are treated at home, through multi-sectoral involvement (primary medical assistance, social assistance).   

12. The period of implementation of the programme on subsidization of interests is extended for the period January-May 2021 inclusively, in the following conditions:  

12.1. The enterprises who cumulatively meet the following conditions are beneficiaries of the programmes on subsidization:  

12.1.1. borrowed loans on the period 1 May 2020 – 31 May 2021 inclusively;

12.1.2. the incomes declared in the fiscal reports, ascertained according to the date of the financial accounting for the 2020 fiscal period, are lower than the ones got and declared for the fiscal period 2019.  

12.2. The payment of the subsidy is made for the interests paid till 31 May 2021 inclusively.

13. The period of implementation of the programme on reimbursement of the Value Added Tax (VAT) is extended for the period January-May 2021 inclusively, in the following conditions:

13.1. The sum of VAT’s reimbursement will be the minimal size of the following sums:  

13.1.1 the VAT sum for deduction on the subsequent period, registered for the last fiscal period as to the VAT;  

13.1.2. the sum of the income tax paid, of the compulsory state social insurances contributions owed by the employer, of the mandatory health insurances premiums in form of percentage contribution owed by the employee for the fiscal periods and/or fiscal periods which meet the period of January-May 2021 inclusively.   

The CSE Instruction No 2 also comprises other important points.

17. The non-observance of the provisions/measures set by the Commission for Emergency Situations of Moldova represents danger for the public health and will serve as reason for calling the guilty people to contravention and/or criminal account. 

18. Depending on the evolution and tendency of the epidemiological situation, the restrictive measures will be revised and updated through the subsequent instructions.

19. The present instruction enters into force at the moment of its issuance and is published on the Government’s official webpage.  

Acting Prime Minister, chairman of the Commission AURELIU CIOCOI