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This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

LAW No. 111 of 4 June 2010
On Amending and Completing Law No . 837-XIII of 17 May 1996
On Civic Associations
Publi shed on 30 July 2010 in Official Gazette No. 131- 134

The Parl iament adopts this organic law.

Art. I. – Law No. 837-XIII of 17 May 1996 on Civic Associations (republished in the Official
Gazette of the Republic of Moldova, 2007) with the subsequent amendments, shall be amended
and completed as follows:
1. C hapter V shall have the following content:
“C hapter V
PUBLIC BENEFIT STATUS
Article 30. Public benefit a ctivities
(1) In the sense of this law, public benefit activities shall be the activities of a civic
association, carried out in general interest or in the interest of a local community that, being
carried out free o f charge or at reduced price for disadvantaged persons or groups, contribute to
the development or support of:
a) education and training of persons, dissemination and accumulation of knowledge;
b) science;
c) cultur e and art;
d) amateur sports, physical education and social tourism;
e) healthcare;
f) social protection of persons with disabilities, pensioners, children, teenagers, displaced
persons, families with many children and/or socially vulnerable, other disfavored persons ;
g) creation of new jobs;
h) eradication of poverty;
i) promo tion of peace, friendship and understanding among peoples, prevention and settlement
of civil, social, ethnical and religious conflicts;
j) protection and promotion of democr acy and human rights;
k) environmental protection;
l) protection of cultural heritage and historical monuments;
m) preven tion of criminality and contribution to its deterrence.
(2) The Certification Commission may decide to consider as public benefit activities also other
activities than those mentioned in para . (1).

Article 30
1. Conditions for assigning the public benefit status
(1) The public benefit status shall be assigned to a civic association that meets the following
con ditions:
a) has the status of civic association and has been active for at least one year;
b) the charter of the civic association includes goals exclusively related to carrying out public
benefit activities;
c) beneficiaries of the outcome of public benefit activities of the association to which the
public benefit status is assigned cannot be persons who have the capacity of founder, member or
employee of such association, nor persons who are in kinship relations up to 3
rd level inclusive or
in in -law relations up to 2 nd level inclusive with one of the persons mentioned, except for the
members of the associations founded on a mutual interest principle who are part of the category
of social vulnerable persons, if the Certification Commission a dopts a decision in this regard.
(2) The charter of a civic association that requests the public benefit status shall contain
provisions about the following:
a) impos sibilit y of distributing the property and revenues among its members and founder s,

including in case of reorganization or liquidation, and use of property and revenues exclusively
for the purposes stipulated in the charter;
b) impossibility of supporting, within public authorities elections, an electoral competitor or
candidate to an office within public authorities, as well as the impossibility of using its revenues
or assets to fund them.
(3) The organizational structure of the civic association that requests the public benefit status
shall comply with the legal requirement s and meet the following conditions:
a) supervision by the council and audit by the control and revision body of the civic
association must be ensured;
b) the supervisory body ( council) of the civic associat ion that requests the public benefit st atus
must comprise at least 3 persons who are not related ( relatives or in-laws up to 3
rd level
inclusive) and must observe the rules for avoiding conflicts of interest; the membe rs of the
supervisory body ( council) must not be at the same time members of the executive body of the
same association;
c) the control and revision body must verify the association’s activities as necessary but not
more rarely than once a year.
(4) The civic associat ion that requests the public benefit status must carry out its activities in a
transparent manner which shall be especially displayed through the publication in the media
(including on the association’s website) of its annual reports and their submission to the
registration body within maximum 3 months from th e year-end. The annual report shall include
the following:
a) activity report according to the sample report approved by the Certification Commission
that shall also include the categories of beneficiaries and the outcomes of public utility activities ;
b) financial statement, to include the financial report for the past year of operation, to be
prepared according to the accounting standards; information about the civic association’s sources
of funding, including about the financial means or assets obtained, as well as data about the use
of such means, including general expenditures and administrative costs.
(5) The civic association that requests the public benefit status shall not have debts to the
national public budget.
(6) The conditi ons stipulated in paras . (1) – (5) must be fulfilled in cumulation.

Article 31. Certification Commission
(1) The Certification Commission is the body empowered to grant and certify the public
benefit status. The Commission operates under the Ministry of Justice based on a regulation
approved by the Government.
(2) The Certification Commission comprises 9 members, 3 of whom are appointed by the
Moldovan President, 3 by the Parliament and 3 by the Government. The members of the
Certification C ommission are appointed as a result of an open and transparent selection process.
At least 2 of the 3 members appointed by each body must be representatives of public benefit
civic associations that have had this status for at least 3 years. The members of the Certification
Commission, appointed as representatives of public benefit civic associations, are selected by
appointment from the joint list of candidates proposed by at least 3 public benefit civic
associations.
(3) Candidate for membership of t he Certification Commission can be the person who:
a) speaks the state language;
b) is domiciled in the Republic of Moldova;
c) enjoys irreproachable reputation;
d) is not public officer;
e) is supported by the recommendations of at least two public benefit civic associations.
(4) The mandate of member of the Certification Commission shall cease in case of:
a) expiration of mandate duration;
b) revo cation;

c) resignation;
d) de ath.
(5) A member of the Cer tification Commission shall be revoked if he/she:
a) has been convicted of a crime by a final and irrevocable court judgment;
b) is in the impossibility, for health reasons, to carry out his/her duties for more than 4
consecutive months;
c) has been declared missing in accordance with the law;
d) is active within a political party or social- political organization.
(6) The members of the Certification Commission are appointed for 5 years and shall exercise
their mandate s until the ne w members enter their offices.
(7) The President of the Certification Commission shall be elected by secret ballot from
amongst its members, by a majority of their votes.
(8) Members of the Certification Commission can hold maximum two mandates.
(9) The keeping of secretariat works of the Certification Commission shall be ensured by the
Ministry of Justice.
(10) The Certification Commission shall meet not less than once a month. The Commission’s
meetings shall be public. The date and hour of the meetings shall be established by the President
of the Commission after having consulted with the members. This information shall be brought
to the knowledge of the Commission’s members and of the public at large by being post ed by the
Commission’s secretary ( officer of the Ministry of Justice ) in a visible place and on the websi te
of the Ministry of Justice at least 15 days prior to the date established for the meeting.
(11) Within 3 months from each year -end, the Certification Commission shall publish its
activity report for the year ended and an updated list of public benefit civic associations in the
Official Gazette of the Republic of Moldova and on the website of the Ministry of Justice.
(12) Decisions of the Certification Commission o n granting and withdrawing the public
benefit status shall be published in the Official Gazette of the Republic of Moldova and on the
website of the Ministry of Justice.

Article 31
1. Duties of the Certification Commission
(1) The Certification C ommission is independent in making decisions and shall have the
following duties :
a) examine reports and documents of the civic associations that request the public benefit
status and grants such status;
b) receives and examines petitions on issues within its competence;
c) warns public benefit civic associations if they violate the law;
d) initiates the procedure of withdrawing the public benefit certificate if the association does
not comply with the conditions for granting the public benefit status or if the documents
submitted contain false information;
e) notifies the Ministry of Justice and other competent authorities about the civic associations
who have been granted or withdrawn the public benefit status;
f) develops rul es, forms, instructions, recommendations and sample documents related to the
granting of the public benefit status and submits them for approval to the Ministry of Justice that
makes them public;
g) develops and submits suggestions for improving the l egislation to subjects having
legislative initiative;
h) establishes advisory councils and expert groups for analyzing and debating on issues related
to the activity of public benefit civic associations;
i) publishes, within 3 months from the yea r- end, its activity report for the year ended and an
updated list of public benefit civic associations in the Official Gazette of the Republic of
Moldova and on the website of the Ministry of Justice.
(2) The members of the Certification Commission sh all have free access to the files of the
civic associations that have the public benefit status or have requested it.

Article 32. Documents necessary for requesting public benefit status
A civic association that requests the public utility status shall submit the following documents
to the Certification Commission:
a) a request;
b) copies of its charter and registration certificate;
c) activity report on previous year ( if it requests the public benefit status for the first time) or
for the past three years ( for the association that has held the public benefit status) , to include
information about the projects implemented and activities carried out; amount of funds and/or
assets obtained during the reported period; categories of benef iciaries; funds used to cover
administrative costs;
d) financial statement, to include:
– financial report for the previous year of operation, prepared according to the accounting
standards;
– information about the association’s sources of f unding, including grants received in the
period prior to filing the request, but for no more than 3 years;
– data about the use of funds and/or assets received, including about general expenditures and
administrative costs;
e) proof about the publication of its annual activity reports in the media (including on its
website);
f) certificate from the State Tax Office confirming absence of debts to the national public
budget.

Article 32
1. Procedure of examination of request for granting public benefit status
(1) The Certification Commission shall examine the request for the public benefit status and
public benefit certificate within 30 calendar days from the filing of the request and documents
indicated in A rt. 32, and shall adopt, as the case may be, one of the following three decisions :
a) to grant the public benefit status and issue public benefit certificate;
b) to postpone the examination of the request for granting the public benefit status and public
benefit certificate;
c) to reject the request for the public benefit status and public benefit certificate.
(2) The decision on granting the public benefit status and on issuing a public benefit certificate
shall be adopted if the applicant has observed the conditions stipulated in A rts. 30, 30
1 and 32.
(3) The decision on postponing the examination of the request for granting the public benefit
status and public benefit certificate shall be adopted if the documents submitted to the
Certification Commission are incomplete. In such case, the Commission shall give maximum 30
days to the applicant to eliminate the drawbacks.
(4) The decision on rejecting the request for the public benefit status and public benefit
certificate shall be adopted within maximum 30 d ays from the submission of the documents
stipulated in Art. 32 if the applicant has not m et the conditions stipulated in Art s.30, 30
1 and 32.
(5) The decision of the Certification Commission shall be reasoned and communicated in
writing to the applicant within 5 days from its adoption.
(6) The applicant’s representatives are entitled to attend the meeting of the Certification
Commission and to interfere with explanations about their request. The Commission’s secretary
is obliged to invite in writing the applicant at least 7 days prior to the date established for the
meeting. The absence of the applicant’s representative from the examination meeting shall not
serve as grounds for postponing the examination or for rejecting the request.
(7) The public association that has been granted a public benefit status shall receive a public
benefit certificate, issued by the Certification Commission, within 5 days from the adoption of
the decision.
(8) A civic association acquires the public benefit sta tus from the date of adoption of the
decision on granting such status.
(9) The decision on postponing or rejecting the request for the public benefit status and

certificate can be appealed in accordance with the Administrative Review Law.

Articl e 32
2. Public utility certificate
(1) The certificate of public utility status (hereinafter referred to as the certificate) is an official
act that certifies the status of public benefit and the public interest character of the activity of a
civic ass ociation. The model of the certificate shall be approved by the Government.
(2) The certificate shall be issued for 3 years.
(3) The certificate shall serve as grounds for the partial or full exemption of the civic
association from taxes, duties and other payment obligations, as well as for granting of support
by the state as established by this Law, for granting tax incentives and privileges in accordance
with the legal and normative acts in force.

Article 32
3. Subregistr y of public benefit civic associations
(1) The subregistry of public benefit civic associations ( hereinafter referred to as the
subregistry ) is an integral part of the State Registry of Noncommercial Organizations, where all
public benefit civic associations of Moldova are registered.
(2) The subregistry is kept at the Ministry of Justice.
(3) The following data shall be entered in the subregistry :
a) name of public benefit civic association;
b) date of issuance of certificate and its number;
c) a ddress and contact information of the public benefit civic association;
d) f irst and last names of the head of the public benefit civic association;
e) i dentification data of the members of the supervisory body ( council) of the public benefit
civ ic association;
f) date of extension of timeframe for the public benefit status, of expiration of timeframe or, as
the case may be, of the withdrawal of the public benefit status.
(4) The subregistry shall be kept in the state language.
(5) The subregistry and data contained therein are public.
(6) The Ministry of Justice shall keep the files of all associations that have requested the
public benefit status. The files contain all the documents about the association, including those
filed upon requesting the public benefit status, the documents prepared by the Certification
Commission, and the documents submitted by the association subsequently, during its operation.

Article 32
4. Withdrawal of certificate
(1) The civic associatio n is obliged to observe, throughout the period of the certificate, the
conditions that underlay the granting of the public benefit status.
(2) If violations of the conditions stipulated in Art s.30 and 30
1 on granting the public benefit
status are established, the Certification Commission shall warn the respective association about
the violations found and shall request that it eliminate them within maximum 60 days. If the
association has not eliminated the violations in the timeframe mentioned, the Commission shall
adopt a decision on withdrawing its certificate. The decision on withdrawing the certificate can
be appealed in accordance with the Administrative Review Law.
(3) If the decision on withdrawing the certificate has been appealed under the Administrative
Review Law, the said decision shall be suspended until the administrative review court adopts a
final judgment.
(4) Withdrawal of the certificate shall constitute grounds for termination of tax and non- tax
incentives related to the public benefit status.
(5) The Certification Commission shall notify the State Tax Service about the court judgment
on withdrawing the certificate. The incentives granted in rela tion to the public benefit status shall
cease upon withdrawal of the certifi cate.

Article 32
5. Control of compliance with public benefit status

(1) The control of compliance with the public benefit status shall be conducted by the
Certification Commission.
(2) In performing its control duties, the Certification Commission is entitled to:
a) request information about the activities of the civic association related to the public benefit
status;
b) ask written explanation from the civic association’s bodies and its members;
c) notify empowered bodies about the control of observance of legislation, including tax
legislation;
d) ask and receive from public authorities the necessary information for the control;
e) request from civic associations copies of documents and/or original documents, as
necessar y;
f) attend activities of civic associations;
g) exercise other rights stipulated by the legal acts.
(3) In order to exert control over the activities of public benefit civic associations, the
Certification Commission is entitled to establis h control groups, including with specialists in the
area.
(4) The public utility civic association is obliged to submit to the Certification Commission its
annual report, a copy of the income declaration submitted to the State Tax Service and a copy o f
the reports submitted to the National Bureau of Statistics for the previous fiscal year, signed by
the head of the association and having its stamp on them. Submission of the said documents to
the Certification Commission shall exempt the public benefit association from the obligation to
submit an annual report to the Ministry of Justice.

Article 33. Princip les and forms of support to public benefit civic associations
(1) The state’s policy for supporting public benefit civic associations is ba sed on the following
principles:
a) ensuring the right of public benefit civic associations to participate in the formation and
implementation of public policies;
b) ensuring an efficient achievement of programs and public projects by actively in volving
public benefit civic associations;
c) transparency and advertising of procedures of providing support in any form, especially by
organizing open, transparent and public contests and in equal conditions of participation in such
procedures;
d) provision of tax incentives to public benefit civic associations as established by law ;
e) budgetary planning of expenditures meant for the support of public benefit civic
associations ;
f) control by public authorities of the use according to their destination of budgetary funds
allocated to public benefit civic associations.
(2) Central and local public authorities shall support public benefit civic associations by :
a) implementing mechanisms for deduc ting and redirecting income tax;
b) renting to them, in preferential conditions, space for activities or renting out such space free
of charge;
c) funding and subsidizing programs, projects and activities proposed by public benefit civic
associations;
d) placing social order s.
(3) Public authorities can carry out together with public benefit civic associations public
interest activities in the social area and in other areas based on cooperation agreements. This
form of support does not obligatorily imply a transfer of funds to the association.

Article 33
1. Procedur e of providing financial or material support to public benefit associations
(1) The decision on providing financial or material support to a public benefit civic
association shall be adopted, after having conducted a public tender, by a commission formed of

representatives of the public authority, of public benefit associations that do not participate in the
funding contest, and of independent experts.
(2) Public authorities shall ensure the advertising and transparency of the organization of the
contest for obtaining financial or material support. The announcement and conditions for holding
the contest sha ll be published in the media at least 2 months in advance from the deadline for
submitting programs, projects and proposals for activities.
(3) The general criteria for evaluating the requests for financial or material support are as
follows:
a) character and level of public benefit of the goals and tasks invoked in the request for
fin ancial or material support;
b) importance and efficiency of the actions proposed by the public benefit civic associations
for achieving the goals set forth in the contest organization conditions ;
c) sufficiency of human, technical and financial capacities in the public benefit civic
association for carrying out the actions established .
(4) The financial or material support of programs, projects and activities of public benefit
associations shall be done based on a contract signed with the publi c authority that has adopted
the decision on financial or material support. The contract shall include clauses about the
amounts or assets granted; timeframes for the capitalization of the financial or material support;
obligations of parties (including the obligation to use the means according to their destination
and the obligation to submit the reports); and about the consequences of the failure to execute or
undue execution of contractual obligations.

Article 33
2. Social order
(1) Social order is one of the forms for implementing the social programs organized by the
public authorities. It represents a totality of contracts for the execution of works and/or provision
of services in the community interest.
(2) The public authority shall prepare the list and plan the amount of works and services to be
executed/provided through the social order. The order shall be funded from the budget of the
public authority that initiates it.
(3) The social order shall be done by public contest, accordi ng to the legislation on public
procurement, with the specific features established by this law. Only public benefit civic
associations shall participate in social order contests.
(4) The public benefit civic associations that participate in social or der contests must have the
necessary conditions for executing the order that is placed, including equipment and other assets,
qualified staff with experience in the area and good reputation, able to attract volunteers and
additional funds.
(5) When pl acing the social order, no guarantees shall be requested for the bid or measures to
secure the contract.

Article 33
3. Liability for fraudulent use of support provided by the state
(1) Public benefit civic associations and responsible persons wit hin them who violate the
legislation in using the support granted by the state shall be held liable in accordance with the
law.
(2) The body that has sanctioned a public benefit civic association for the fraudulent use of the
support provided by the public authorities is obliged to notify about this the Certification
Commission within 15 days from the date when the sanction was imposed. If the sanction has
been appealed in court, the respective body is obliged to notify the Certification Commission
abo ut this within 5 days from the date when the court judgment became final.
(3) The public benefit civic association whose certificate has been withdrawn for chang ing the
destination of the support provided by the public authorities cannot hold a public benefit status
for 3 years from the date when the sanction was imposed ”.
2. Article 36 shall be completed with para (6) having the following content:

“(6) The assets and funds left after the dissolution of a public benefit civic association after the
liabilities have been paid off shall be transferred, upon the decision of the body that administers
the dissolution process, to another public benefit civic association that has similar goals to those
of the dissolved association.”
Art. II. – (1) Civic associations h olding the public benefit status upon the coming into effect
of this law shall keep this status throughout the validity of the ir certificates , provided that they
meet the requirements stipulated in Art. 325 para (4) of Law No. 837-XIII of 17 May 1996 on
Civic Associations.
(2) The applications for the public benefit status that are under examination on the date of
coming in to effect of this law shall be subjected to its provisions.
(3) Until special legal acts are adopted, the provisions of this Law shall apply to foundations
and private institutions accordingly.
(4) The Certification Commission that carries out its activity upon the coming in to effect of
this Law shall carry out the duties stipulated by this Law until the Certification Commission
appointed in accordance with this Law convenes.
(5) Civic associations registered until the coming in to effect of this Law shall be subject to re –
registration.
(6) The civic organizations whose charters were registered b efore the coming into effect of
Law No. 178-XVI of 20 July 2007 On Amending and Completing Law No.837- XIII of 17 May
1996 on Civic Associations shall be considered civic associations and their charters shall not be
subject to re -registration.
Art. III. – The Government, within 6 months:
a) shall develop and submit to the Parliament proposals for aligning the legislation in force
with this Law;
b) shall bring its normative acts in accordance with this L aw.

SPEAKER OF THE PARLIAMENT Mihai GHIMPU

N o. 111. Chişinău, 4 June 2010.