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Question:

Dear experts, I’ve got some questions about the civil service:
1. What is the total number of civil servants employed in civil service (that are covered directly by the Law on CS), except for dignitaries and the judiciary, policemen, customs officers, security?

2. Why has the Law on transparency of decision making process been obstructed and why the names of those who gave the respective orders are not made public? It is impossible to hide the truth by alleging that it is being examined or it is in Parliament. It is not there, because it is not placed on the website. You have probably noticed that this depresses the anti-corruption efforts and Government credibility; then why determined measures are not taken?

3. What is the average salary of a civil servant in Moldova, a person, let’s say, holding a position of rank II in civil service, because this category of civil servants is the most numerous one? I would like to know the salary with all the supplements, bonuses, etc.?

4. Why the positions of State Secretaries that are in charge of continuity do not exist in ministries? This will hit even the present Government and its team because in case of the victory of the opposition, massive dismissals will take place, and the civil servants will not be able to justify themselves, as it has happened before.

5. How has the issue of civil servants’ participation in different international, local projects been settled; as far as I know the Prime Minister prohibited this, because the work was seriously affected. Still, it is a known fact that many civil servants, particularly from MET, MF participate in such projects, because the salary they get is not enough to live. Has the inventory requested by the Prime Minister been made or everybody has given up the idea and everything keeps on moving as before?

We highly appreciate your work and we wish you great achievements; still we hope to get concrete answers to our questions.

Answer:

1. The number of civil servants (without those with special status):
- total number – about 22000: out of this number –
- in central public administration (including, Custom’s and Fiscal Services, as well as deconcentrated services) – about 14000,
- in local public administration – about 8000.
During 2005-2007 the number of staff in central offices of public administration authorities of the Central Executive was reduced with 1705 persons or with 40 % (from 4313 persons on 01.01.2004 to 2608 at 01.01.2008)

2. The draft Law on transparency of decision making process approved by Government Decision no. 1105 of 25.09.2006 was submitted to Parliament for examination and was registered in Parliament on June 27, 2008 with the no. 2144.

3. The average salary in public administration in 2007 was 2389 lei.

4. The draft Law on public function and status of civil servant, passed by the Parliament of the Republic of Moldova in second reading on July 4, 2008 secures stability of civil servants in their position, including high management civil servants (deputy ministers, deputies in central administrative authorities, etc.)
Also, according to the law, the cabinet of dignitaries will be created. The staff of the cabinet will be contracted for a determined period of time; the individual labor contract of the staff of the cabinet of dignitaries will be signed under the provisions of the law and will terminate with the termination of the mandate, resignation and dismissal of the dignitary.

5. The civil servants do not participate in different „projects” while performing a public function. When they participate in different „projects” they suspend their activity in civil service for the respective period of time or resign.



Question:

Dear implementators, the appointment of S. Tatarov as Deputy Minister of LPA means that he will no longer be head of the Experts Group in CPA. It’s regrettable, because he has already gained knowledge in this field of activity. This transfer means that the Government will focus on LPA, that the CPA reform is not a priority anymore or that the Ministry of Local Public Administration is weak and needs considerable fortification. Will the law on regional development and decentralization and the local finances remain the only priorities in the activity of the Ministry of Local Public Administration or maybe a LPA reform is going to be implemented? 

Answer:

The appointment of Mr. Sergiu Tatarov as Deputy Minister of local public administration must not by any means affect the central public administration reform. This aspect was mentioned by the Prime Minister Vasile Tarlev at the Governmental meeting when the members of the commission approved the appointment of his advisor as Deputy Minister. The Prime Minister emphasized that the CPA reform remains a priority for Government, that’s why all the efforts will be made to achieve the set objectives.

The leadership of the Government declared repeatedly that a priority for Moldova is not only the efficient functioning of the local public administration, but also the professional activity of the central public administration. That’s why great efforts go into consolidating capacities of the whole public administration.

As far as the activity of the Ministry of Local Public Administration concerns, this is a newly created ministry, but it managed to prove its value by promoting some laws important for the activity of the local public administration. The new deputy minister of LPA will contribute to fortifying this field.

Good afternoon, dear experts! I would like to ask you about the way the individual salaries set for civil servants will be correlated with the “good performance”. Tell me please how this “good performance” will be determined in case of young specialists, if the superior of pre-retirement or retirement age is not interested in promoting a skilled young specialist being afraid that the latter will take his/her place. The superior will never “praise the young specialist”, even if the latter deserves it. Obviously, the minister does not know personally all the employees and their capacities and that the minister will consult the opinion of the head of the department.

Answer: 

The individual salaries for some categories of civil servants will be determined according to the art. 11 of the Law no.355-XVI of December 23, 2005 “on remuneration system in the budgetary sector”, which enables the heads of CPA authorities to determine individual salaries for some civil servants involved in the implementation of some projects or programs of major importance for a limited period of time or for all the implementation period of these projects or programs.

A draft concept has been developed for the purpose of establishing individual salaries. The objective of this initiative is to motivate and keep in civil service the best civil servants that will ensure the elaboration and qualitative implementation of projects and programs including concepts, strategies, programs, plans, legislative acts of major importance.

The draft concept implies the formulation of some clear criteria for selecting persons and evaluating results of their activity, in order to minimize as much as possible the subjective approach while evaluating the efficiency of the civil servants’ activity. The whole process will be coordinated and monitored by an inter-ministerial commission which will be set up in order to ensure the correct implementation of the proposed mechanism.

Good day,
I would like to ask, what are the main institutional changes in Moldova
administrative system in relation to Moldova\'s integration to EU.

Answer: 

We would like to let you know that the main objective of the CPA reform is to build a modern and efficient central public administration according to the EU standards, which as a result will bring the Republic of Moldova closer to EU. As far as the institutional changes are concerned, introduced in the Republic of Moldova in the context of European Integration, we would like to inform you that during 2006-2007 about 50 reorganizations have been carried out within CPA (the list of the reorganizations can be found on the website of the CPA reform) and their objective was to separate the functions of policy development of those of policy implementation and service delivery, to eliminate overlapping, etc.

In the context of the aspiration of the Republic of Moldova to join European Union, the Government has added to the title of the Ministry of Foreign Affairs the words “and European Integration”, emphasizing thus the European Integration priority of the Republic of Moldova. The Department of European Integration has been set up within the same ministry.

For the Republic of Moldova to get closer to EU it is relevant the creation of the Center for Harmonizing Legislation subordinated to the Ministry of Justice.

At the same time, policy analysis, monitoring and evaluation units have been set up in 7 ministries. The coordination of the correlation of the elaborated policy documents with the EU policies is one of the attributions of these units.



Question: 

What is the average salary in Moldova?

Answer:

According to the National Bureau of Statistics, in January – August 2007 the monthly average salary in the economic field of the Republic of Moldova amounted to 1952 lei and underwent a 22% increase if compared to the same period of the previous year. In the budgetary field the average salary has amounted to 1563 lei, in the real sector of the economy – to 2157.
(www.statistica.md/dates.php?lang=ro&ct=106)


Question: 

Dear experts,
Things that happen now are revolting: the reform is being implemented according to certain plans, estimations, evaluations, consultancies, etc. At the same time, it takes just a moment for the President of the Republic of Moldova to decide that 10% of the number of civil servants from main state institutions to be cut down. The Prime Minister immediately decides the approval by the Government of this initiative. Why this matter isn’t properly considered? Where is the common sense at least when it concerns state institutions? What considerations stand at the ground of this decision? Why should the head of the state get involved, especially in matters concerning the prosecutor’s office, which is subordinated neither to Government nor to the President? What about the Center for Fighting Economic Crimes and Corruption which carries out its activity according to national plans, which cooperates with international organizations such as EC, USA. Is this the way to settle matters? Where is the impact assessment, where is the consideration in general?
I have just one more question: will it be really a cut down, or it is going to be just a simulation? What happened with the 70% cut in number of civil servants promised in 2005?
The number of the cars belonging to top officials is better cut down, because they hit innocent people!
It’s foolishness and power usurpation. What if the president decides tomorrow to have an 80% cut or a 50% increase in the number of officials (in the ministries of his friends at box)? What will happen with the reform then?

Answer: 

The Prime Minister Vasile Tarlev stated at the Governmental meeting held on October 24, 2007 that it’s not the number of personnel on the stuff which is going to be cut down, but the personnel of some units and subdivisions of each institution assigned with functions of control. These optimizations will be done at the Ministry of Home Affairs, Center for Fighting Economic Crimes and Corruption, Main State Fiscal Inspectorate, Agency for Construction and Territorial Development, Standardization and Metrology Service and the State Ecologic Inspectorate.

Besides it was recommended to optimize the staff of the General Prosecutor’s Office and of the Court of Accounts (with 10%), which are subordinated to the Parliament.

At the same time we’d like to inform you that the “mechanical” cut in number of civil servants in central public administration is not an objective of the CPA reform, which is to build a modern and efficient central public administration, with the best structure and with competent personnel for the purpose of achieving the objectives set by the national policy documents. In the previous years, as a result of the functional reorganizations carried out in some of the CPA authorities (eliminating overlapping of functions, separation of the functions of policy elaboration of those of execution and of service delivery, etc.), the number of civil servants has been reduced by 41%.


Question:

I’d like to know about the reform of the civil service and what is your opinion about the new law on the civil function and the statute of the civil servant. As far as I know, the Center for Combating Corruption carried out an examination and came to the conclusion that the bill does not correspond to the national and international anticorruption standards, that it abounds in imperfect norms and it will not be able to improve the situation in this field. I agree with these observations and I can add some more, but I’d like to know your opinion on this topic because a lot of efforts have been made; still, it isn’t a perfect document yet.

Here is a definite question – what will be the situation of the persons that worked earlier in the civil service – before 1995 or after the Law on the civil service? What will happen with the ranks and the length of service of these persons; will equalizations be made? Why doesn’t the new law regulate in details what will happen to the people that are not in the civil service but would like to return- will they get ranks from the beginning or if they had ones, will they be able to equalize them and what will be the way to do that? These issues must be regulated by Law; they must not be left at the discretion of some subordinate acts, because abuses and errors may be made.

I thank you and wish you luck.

Answer: 

This document represents the result of the activity of a group of representatives of the ministries, of the Government Office, of the Parliament, of the academic societies and civil society, assisted during the process by both local and international experts (we mean first of all the experts of the initiative OCDE SIGMA, www.sigmaweb.org). Thus, according to the estimations of the international experts famous in this domain, the draft document has the necessary strong points and sets new principles and standards adjusted to those of the EU and EC. In spite of that, just like any other project it is not perfect and can be improved.

Here is the answer to the definite question. We inform you that according to the stipulations of the art. 41 of the project, the people holding a function in the public authorities that worked on the territory of the Republic of Moldova prior to this draft into force will keep their length of service in the public service. The ranks of the civil servants are kept in the document, so that the equalization you have mentioned is not necessary (art. 34 of the draft low). As far as the ranks are given for life, the persons that will return to the civil service will keep the ranks got earlier and will be able to advance in superior ranks depending on the results of the evaluation and attestation. In case if after bringing this documentl into operation some persons loose the statute of civil servant, through the art. 69 point b. of the draft low, they will be paid a salary not smaller than the one they got during the previous period of work and will keep the social benefits specified in the art. 42 of the document.
Finally, we want to inform you that in case that you have certain suggestions or comments concerning some definite articles of this document, we ask you to present them so that we can examine them in the finalizing process. 



Question:

I would like to express my opinion more thoroughly and, at the same time, receive certain answers directly from the President. Herewith, I wish for a more intense collaboration with the President.

Answer:

To set up a meeting with the President of the Republic of Moldova it is necessary to send a letter to his address or to the address of his Office, which is Chisinau city, 154, Stefan cel Mare blvd. In your letter, please present the issue you want to discuss and attach thereto the copies of the answers received from other public bodies concerning this issue. Afterwards, the RM Presidency Petitions and Audiences Service shall determine if the issue presented falls under their competence and shall inform the citizen on the resolution adopted.


Question:
 

Dear implementers of the Strategy and of the Plan, you are carrying out a very important and extremely useful thing and it is obviously difficult sometimes. 

It is really good that the website has been launched, however we would like to suggest you permanently update the information and the comments presented on the webpage. Publication of previous studies would be welcomed as well, especially publication of the functional review results. 

To be successful you should promote first of all transparency. And speaking about transparency, where is the law on decisional transparency? Why isn’t it promoted? Because this way implementation shall be extremely difficult as well.
We hope our proposals are welcome and that you shall take them into consideration.



Question: 


Question: 

Answer: 

Thank you very much for your appreciation. 

The purpose of the CPA reform electronic page is to offer operative information concerning the implementation of the CPA reform Strategy; therefore, the Public Administration Reform Coordination Unit (Experts Group within the Government Office) shall direct all its efforts towards ensuring that information placed on the website is updated. We want this respective page to become a real instrument for your information, as well as reception of your opinions, proposals concerning CPA reform. 

Concerning the law draft on transparency of decision-making process, from the information we hold, this draft has not been adopted by the Parliament yet.



Question: 

My goal is progress of youth in Moldova!!! What documents should I consult? And to whom in the Town Hall can I go, because as we know the Town Hall currently closes its doors for all projects. The Youth needs progress!! The association I want to create shall try to implement such project as: open a kindergarten in Cernita village, Floresti rayon; open a night club in the village; repair the sports field; open a computers room in school. These are just a few of the projects that we can start on. We’ve managed to raise funds and repair certain objects from our village. Please help us register as a public association (Young Investors Club).
Answer: 

To register a public association, please refer to Law on public associations no.837-XIII of May 17th, 1996 (Official Gazette, January 23rd, 1997, no.6, p.I, art.54). 

At the same time, Ministry of Justice of the Republic of Moldova, with the support of the UNDP Project “Civil Society Development” has launched the hot line, the aim of which is to offer information and free telephone consultations concerning creation, registration and functioning of non-governmental organizations in the Republic of Moldova. 

The hot line is accessible Monday through Friday between 09:00 – 17:00. Interested persons can obtain information and consultations concerning the field mentioned at: 20-14-13, as well as ask questions online, accessing the website www.justice.gov.md, category “Hot line – ONG-info”.


Question:


In general, this Ministry has been created for the Local Elections from 2007. It’s a pity you don’t want to understand. In fact, as long as they pay you salaries, have patience, either way you don’t have anything to loose, nor to choose!
Right after the Local Elections from 2007, you shall understand that this Ministry does not have a purpose! Mayor of Capaclia, Alexei Busuioc. 

Answer:

Ministry of Local Public Administration has been created taking into account the needs and the problems that local public authorities from the Republic of Moldova are confronted with. At the same time, the Congress of Local and Regional Powers of the European Council (EC) has recommended the Republic of Moldova to create a structure empowered to solve the problems related to LPA, in the context of strengthening autonomy of local collectives. 

At the same time, within the framework of central public administration reform, in 2005 a first phase functional review has been carried out in central public administration authorities, which has demonstrated the absence of a central structure exercising elaboration and promotion functions concerning policies in the field of local public administration. 

Starting from its creation, Ministry of LPA has already promoted a set of laws which shall contribute considerably to improving the situation in local public administration: law on local public administration, law on administrative decentralization and law on regional development.


Question:
 
What are the functions of public administration?

Answer:

Public administration functions represent exercise of state attributions for the purpose of its functioning and of providing public services to society. 

Public administration consists of central public administration and local public administration. As a result its functions are established in the Constitution of the Republic of Moldova, Law no.64-XII of May 31st, 1990 on Government and Law no.123-XV of March 18th, 2003 on local public administration.  

At present, Ministry of Justice is finalizing the law draft on organization and functioning of central public administration. 


Question:
 
Where can I find the list of rayons (districts) from the Republic of Moldova and of the respective villages (names of villages)?

Answer:

Information solicited by you can be found in Law on territorial – administrative organization of the Republic of Moldova, no.764-XV of December 27th, 2001 (Official Gazette of the Republic of Moldova no.16/53 of January 29th, 2002).


Question:
     
Dear experts, 

I’ve found on this page a comment saying that the law draft on transparency of decision-making process has not been adopted by the Parliament yet. However, I have a couple of questions – Has it been approved by the Government and sent to the Parliament, because usually all drafts of laws are published on the site www.parlament.md and this one is missing? 

It seems doubtful that the Unit competent in CPA reform would not know what the “fate” of such an important document is, a document which can have an enormous impact, maybe even larger than that of other laws and decisions in the field (Code of Conduct, Law on civil service etc.). And some more questions:
- when will the drafts of the documents proposed for adoption be placed integrally on the Government site, and not only in brief and without annexes, while sometimes they aren’t published at all?
- do you think the decision regarding cancellation of annual salary increases, which should have been carried out starting with January 1st, 2007, would contribute to CPA reform?
- when shall our drafts of normative acts be examined by community experts? Do our authorities have the aquis communautaire or not? Did they ask Romania to give it or are they translating it independently? 

I hope I could contribute to settlement of the problems mentioned, thank you for your attention and wish you success in the important activity you’re unfolding. 

Answer:

Dear Mrs. Mariana Sarcu, 

Thank you very much for your support. 

Concerning the Law draft on transparency of decision-making process, we can not give you any additional information to that presented before. 

Concerning the Government site, the Public Administration Reform Coordination Unit shall send your proposals to the division responsible for the site. At the same time, we suggest you send these proposals from the Government site www.gov.md to the persons responsible for Government portal management. 

Regarding the pay system for civil servants, I would like to inform you that at present we’re working on a draft Concept concerning the classification of public functions and remuneration of civil servants. This respective concept shall refer to remuneration levels and scales, where salary shall consist of a fixed part, corresponding to the position value, a variable part correlated with professional performance of civil servants and salary supplements for those public functions dangerous for life and health. The proposed system shall offer the possibility to promote the civil servant in pay level based on their tenure as well. 

As concerning the community experts’ examination of the drafts of normative acts, we would like to inform you that the Government has already approved the Decision “On Harmonization of Republic of Moldova legislation with European legislation”, no.1345 of November 24th, 2006 (Official Gazette of the Republic of Moldova no.189-192/1470 of December 15th, 2006) by which the authority responsible for coordinating and monitoring this process has been established and the Regulation concerning the mechanism of harmonizing Republic of Moldova legislation with European community legislation has been approved. Pursuant to this decision, coordinator of the legislation harmonization process was named Ministry of Justice. At the same time, Ministry of Justice shall be responsible for monitoring the legislation harmonization process at a national level, while Ministry of Foreign Affairs and European Integration shall be responsible for informing European Union organisms on the execution of the annual national plan of legislation harmonization.

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