This Legal Monitoring Report includes the latest and most relevant amendments to the national legislation for forward-looking businesses. This month, several amendments were made to the Law on State Aid, Law on Consumer Protection, Law of Protection of Trade Secrets, as well as to the Customs Code and Law on Energy. The Report also outlines changes to the IT parks activity, as well as recent adjustments to the minimum and average salary in the economy for 2024.
Relevant legislative provisions in connection with the State of Exceptional Situation
Decision(s) issued in relation to the Exceptional Situation
By Decision No. 274 dated 21 September 2023, Parliament decided to extend the emergency state on the entire territory of the Republic of Moldova for a period of 60 days, starting on 2 October 2023.
I Commercial and Corporate
Law(s):
- Amendments to Taxi Companies’ E-management Platforms
The amendments bring improvements to the regulation of the activity of e-platforms for the management of road transport by taxi. The amendments regulate, among other measures, the prohibition of the use of e-management platforms by road transport operators that are not registered in the Republic of Moldova.
Additionally, road transport operators providing taxi services may connect to the e-management platforms only for transport units holding an excerpt from the State Transport Register.
- Amendments to the Contravention Code on Taxi Companies’ E-management Platforms
The use of e-management systems on the territory of the Republic of Moldova by legal entities not registered in the Republic of Moldova is punishable by a fine of up to 500 conventional units.
The same sanction applies to the use of e-management systems in breach of the legal rules, or late or intentionally erroneous submission of the information on the list of vehicles and drivers who have operated at least one taxi journey via the electronic systems.
Draft law(s):
- VAT Deductions on the Use of the Business Payment Card
The taxable entity is entitled to deduct the amount of VAT paid on goods and services if it provides tax receipts issued by the cash register and control equipment connected to the automated information system "Electronic sales monitoring".
The deduction will be valid for purchases, the value of which in each voucher does not exceed MDL 2,000 including VAT, and which does not exceed more than MDL 10,000 for a tax period, provided that the payments are made by means of a business payment card.
- VAT on Returned Local Goods
Local goods previously exported using the postal services and returned within 3 months of the export date in the same condition are exempt from VAT without the right to deduct. If the VAT on these goods has been refunded when the goods were exported, the taxpayer is obliged to calculate and declare the amount of VAT for the month in which the goods were returned.
- Harmonization of Guidelines on Alcoholic Beverage Production Industry
The draft law aims at adapting the national legislation in the field of alcoholic production to the EU acquis. The amendments mainly concern the transition to the EU classification of alcoholic beverages produced in Moldova.
At the same time, alcoholic beverages produced and marketed under the category "alcoholic beverages" and "hard alcoholic beverages" shall be assigned to the category "spirits".
Moreover, the draft law seeks to safeguard the geographical traits of spirit drinks and regulate the use of ethyl alcohol and agricultural distillates in the production of alcoholic beverages.
II. Environment
Draft law(s):
- Obligation to Keep Records of the Use of Plant Protection Products and Fertilizers
The draft law aims to impose requirements on agricultural producers conducting treatments with plant protection products and fertilizers, and on legal entities offering services in the plant protection sector, to record the use of such in the Plant Protection Product and Fertilizer Use Registers.
IV. Digitalization
Law(s):
- Digital Transformation Strategy of the Republic of Moldova
The document sets out Moldova's digital transformation priorities for 2023-2030. Focusing on priorities for cooperation with the business sector, the state aims at:
- Developing favorable conditions for the ICT sector and the start-up community;
- Increasing the number of joint projects between private and state institutions;
- Attracting digital business and foreign investment to Moldova;
- Attracting qualified IT specialists and investors from the European Union to the virtual IT park.
- Promotion of Entrepreneurship and Increasing Competitiveness
The program outlines key actions to foster the entrepreneurial framework and aligns the state's priorities with the objectives detailed in the European Union's 2030 Agenda for Sustainable Development. The document aims at improving the regulatory framework for the business environment, facilitating access to finance, and increasing the competitiveness of local products and services, including on foreign markets, as well as promoting entrepreneurial culture.
Draft law(s):
- Digitisation of Tax Control
The draft law aims to digitise tax control procedure. Thus, the State Tax Service shall not require the submission of paper documents provided that the necessary documents are sufficient and can be submitted in the form of an electronic document, or scanned copies certified by qualified electronic signature.
IV. Other amendments that may affect the Company
Draft law(s):
- Sale of Wine Produces from Own Grapes in Guesthouses
According to the draft law, in guesthouses, tourist villas, rural houses and holiday villages providing catering services, wine produced from own grapes may be sold at retail or served to consumers provided that the requirements on the conditions for the production and quality of the wines are met.
By Domnica Bejan, Junior Associate, and Laurentiu Racu, Legal Assistant
