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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
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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.
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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.

Republic of Moldova
PARL IAMENT
LAW No. 123
of 18.06.2010
on social services
Publi shed : 03.09.2010 in the Official Monitor No. 155 -158 art . No.: 541
Came into force: 03.03.2011
The Parliament adopts the present organic law .
Chapter I
GE NERAL PROVISIONS
Article 1. Basic notions

The following notions are defined for the purpose of this law :

social services – a set of measures and activities taken to meet the social needs of the
person or family to overcome a situation of dif ficulty, to prevent marginalisation and social
exclusion ;

initial assessment – the first investigation, carried out by the community social assistant by
visiting the living place or residence place of beneficiary aiming to identify individual needs
of the person or family and establishes the right of the person / family to benefit from social
services ;

complex assessment – detailed investigation and analysis of the case, carried out by visiting
the living place or residence place of beneficiary, bas ed on interaction with the beneficiary’s
social network and direct involvement of specialists from relevant institutions aiming to
identify the needs of the person or family and the resources available within the family and
community and the recommended social service, and to develop the individualised assistance
plan ;

individualised assistance plan –
a plan developed in writing on the basis of the
recommended Individualised Assistance Plan, approved by the Ministry of Labour, Social
Protection and Fami
ly, which covers the totality of actions identified to meet the
beneficiary’s needs, the type of social services, the duration of their provision, the responsible
staff. The individualised assistance plan is developed and implemented with active
participat ion of the beneficiary and his/her family or his/her legal representative ;

social assistance unit – organisational unit operating at community level provided with
finance resources by authorities of local public administration of level II with the aim to
deliver social services as close as possible to beneficiaries ;

territorial social assistance structure – internal administrative structure approved, based on
organisational autonomy principle, by authorities of local public administration of level I I,
aiming to implement social assistance policies .

Article 2. Object of the law

The present law sets the general framework for creation and operation of the integrated
social service system determining the tasks and responsibilities of central a nd local public
authorities, of other legal entities and individuals authorised to provide social services, as
well as the protection of the rights of social service beneficiaries .

Article 3. Principles of social service delivery

Social service delivery is based on the following principles :

a) targeted social assistance, which implies the priority targeting of social services to the
most disadvantaged and the most vulnerable people identified through individual needs
assessment ;

b) focu
sing on the user, that means adjusting services to the individual needs of
beneficiaries, in a process of continuous changes, on the basis of regular assessment of
service impact on beneficiary situation ;

c) accessibility, ensuring access to social s ervices for disadvantaged individuals/families
by informing population regarding existing social services, developing new social services,
placing services in beneficiaries proximity as well as adjusting services to beneficiaries
needs ;

d) equal oppor tunities that ensures the right of all disadvantaged individuals/families to
social services under conditions of equal treatment excluding any form of discrimination ;

e) ensuring celerity, which means promptitude in decision making regarding the delivery
of social services .

Article 4. Entitlement to social services

The entitlement to receive social services is established individually on the basis of
assessment of the needs of the person or family for social services .

Article 5. Application of the law

The present applies to :

a) citizens of the Republic of Moldova and foreign citizens, refugees and stateless persons
who have the domicile on the territory of the Republic of Moldova, in compliance with the
law ;

b) individuals and legal home and foreign entities with their registered address in the
Republic of Moldova, irrespective of their form of organisation and type of property .

Chapter II
TYPES OF SOCIAL SERVICES
Article 6. Classification of social services

(1) Social services are classified in the following types :

a) primary social services ;

b) specialised social services ;

c) very high need social services .

(2) Primary social services are provided at community level to all beneficiaries an d aim at
preventing or limiting situations of difficulty that can cause marginalisation or social
exclusion.

(3) Specialised social services are services that imply the intervention of specialists and
aim at maintaining, rehabilitating and developing individual capacities to overcome a
situation of difficulty of the beneficiary or his/her family .

(4) Very high need social services are services provided in a residential or specialized
temporary placement institution, and imply a series of complex interventions that can include
any combination of specialised social services for beneficiaries with increased dependency
who require continuous supervision (24/24 hours) .

Chapter III
ENTITIES AUTHORISED
TO PROVIDE SOCIAL SERVICES

Article 7. Social service providers

(1) Social service providers can be individuals or legal entities, public or private .
(2) Public providers of social services can be :

a)
social assistance institutions created and run by authorities of central public
adm inistration ;

b) authorities of local public administration of level II ;

c) authorities of local public administration of level I .

(3) Private providers of social services can be:

a) non -governmental associations and foundations, private institutions with a non –
commercial character registered in compliance with the legislation – all in the social sphere;

b) legal entities and individuals with commercial character registered in compliance with
the legislation .

(4) The providers of social services can organise and provide social services only if they
are accredited under the law .

(5) The conditions of accreditation of osical service providers are regulated by a special
law .

Article 8. Competence of authorities of central public administration

(1) The Ministry of Labour, Social Protection and Family is the specialised central
authority responsible for implementation of social assistance policies and bears the main
responsibility for ensuring the provision of social ser vices at national level. In this respect the
Ministry of Labour, Social Protection and Family :

a)
develops and promotes the policies in the field of social assistance, inclusive in social
services and promotes the rights of disadvantaged people ;
b) develops normative acts regarding the organisation, operation and development of
integrated social service system ;

c) regulates and organises the social service inspection system, provides inspection of
quality of social services delivery and verif ies compliance to by-laws of social service
providers, irrespective of the type of property and legal form of organisation;

d) provides consultation to employers’ associations, trade unions and civil society and
agrees draft economic- social by-laws wi th them;

e) provides consultation and support to local public administration authorities on the
planning, organi sation and delivery of social services ;

f) organises and runs social service institutions delivering very high need services, only
whe re it is not possible for the institutions to be organised and run by local public authorities .

(2) During the implementation of their competences, other central public authorities that
have social service facilities under their authority, should not contravene present law, other
by -laws that regulate social services delivery. In this respect other ministries and central
public authorities will:

a) take measures to promote deinstitutionalisation and reintegration of beneficiaries into
family and communi ty;

b) ensure access to social service facilities to competent bodies for the reasons of
inspection of social services;
c) provide information on the situation of social service facilities under their authority to
the Ministry of Labour, Social Protection and Family;
d) collaborate and coordinate any activity regarding social service delivery.

Article 9. Competences of local public authorities of level II

(1) Local public authorities of level II ensure the development and management of social
services in compliance with their own competences set by law, depending on the identified
needs of the population on the territory in question, either autonomously or in association
with other authorities of local public administration , as well as in cooperation with economic
entities , employers’ associations, trade unions and non-governmental associations in the
country and from abroad.

(2) In the administrative -territorial units of level II, the territorial social assistance structure
is the main provider of social services that has a direct responsibility for the diversification
and delivery of social services aimed at maintaining the beneficiary in his/her family and
community .

(3) During the implementation of their competences, territorial social assis tance structures
benefit unconditionally, depending on the case, from the support of police, education and
health public institutions as well as from public institutions from other fields .

(4) For the delivery of social services, the level II of the local public authorities has the
following competences within the territorial- administrative unit:
a) to inform the population and provide consultations on the social services and the rights
of the person to these services ;

b) to analyse the commu nity’s needs for social services ;

c) to plan the types of social services and identify the necessary funds for the delivery of
these social services, depending on the identified needs, including the procurement of social
services that the authority does not have or where it is not economically efficient for it to
provide them ;

d) to create, reorganise or close institutions providing social services and ensure their
operation;

e) to refer the requests/complaints to the authorised body that provides social services in
case the subject of requests/complaints exceeds its competence;

f) to inform competent authorities immediately on cases of violation of the legislation in
the field of social service delivery, as well as on other cases of non -compliance with the
prescribed requirements ;

g) to assess and to identify the needs of the person/family regarding social services and

depending on the needs to provide the appropriate social services ;

h) to monitor the process of service deliver y and to organise the evaluation of quality of
these services provided by service providers irrespective of the type of property and legal
form of organisation of service provider within the territorial -administrative unit;

i) to provide the Ministry of Labour, Social Protection and Family with information
collected during local monitoring and evaluation of provided social services, in the
established form and terms .

Article 10. Competence of authorities of local public administration of level I

(1) Authorities of local public administration of level I contribute to the development and
delivery of social services within the territorial- administrative unit and approve the necessary
funds, in compliance with the legislation.

(2) The socia l service delivery work is provided by the social assistance unit via social
assistants and social workers selected and employed in compliance with the legislation, in
cooperation with other services at community level.

(3) For the delivery of social services on the administered territory , the authorities of local
public administration of level I have the following responsibilities :

a) to inform the population and provide consultations, on the nature of social services and
the rights of the person to these services ;

b) to analyse the community’s needs for social services ;

c)
to participate at selection and recruitment of the community social assistant and
community social workers ;

d) to facilitate and support the work of community s ocial assistants and social workers in
their community ;

e) to plan social services in the community and ensure the necessary funds for the delivery
of these social services subject to the needs of population;

f) to support the community -based org anisations of public utility operating in the sphere of
social services ;

g)
to provide the territorial social assistance structure of level II with information
accumulated during local monitoring and evaluation, in the established form and terms .

Article 11. Non-governmental associations operating in the sphere of social services

(1) In order to protect beneficiaries of social services, non -governmental associations
operating in the sphere of social services, in compliance with its status an d the legislation
have the right :

a) to provide social services and participate in the implementation of state programmes and
projects in the field of social services, under the law ;

b) on the basis of applications received from beneficiaries or from the office, to notify the
entities authorised to provide social services, the law enforcement bodies and the social
service control bodies on cases of violation of beneficiaries’ rights ;

c) to receive information from the entities authorised to provide social services regarding
the submitted proposals and notifications ;

d) to conduct surveys aiming at identifying the needs and gaps in social service delivery, as
well as the observance of the rights of the person to social services ;

e) to make suggestions to local and central public administration authorities on amendment
of the legislation and state policies regarding social assistance and social services ;

f) to inform the population via the media on state policies in the field of social service
delivery, the violation of legitimate rights and interests of social service beneficiaries, as well
as on the results of public opinion consultation;

g) to bring cases before courts on protection of social service beneficiaries .

(2) The foundations, private institutions with non- commercial character and other
organizational forms of civil society established under the legislation, as well as the legal
entities and the individuals – companies with commercial character – have the rights
stipulated under par. (1).

Chapter IV
RIGHTS AND OBLIGATIONS OF
SOCIAL SERVICE BENEFICIARIES
Article 12. Rights of social service beneficiaries

The rights of social service beneficiaries are provided by :

a) respecting the fundamental rig hts and freedoms, with the exclusion of any forms of
discrimination ;

b) protecting against any form of violence, injury or physical and mental abuse or neglect,
maltreatment and exploitation and informing on situations of risk, as well as on other soc ial
rights ;

c) communicating, in accessible terms, information on the fundamental rights and legal
protection measures, as well as on the conditions that need to be met to benefit from them ;

d) enabling the beneficiary to participate in the decis ion-making process regarding delivery
of social services ;

e) ensuring that the beneficiary can express his/her opinion on the services provided;

f) respecting confidentiality of the provided information;

g) protecting the beneficiaries’ property when they have reduced capacity to decide, even if
they are taken care of in the family or in an institution ;

h) respecting dignity and personal privacy of the beneficiary .

Article 13. Obligations of social service beneficiaries

Social service beneficiaries are obliged :

a) to provide correct and relevant information on their identity, family, social, medical,
economic and health situation, being responsible for the correctness of this information;

b) to participate in the deci sion making on service delivery ;

c) to contribute, in compliance with the legislation, to the delivery of social services ;

d) to communicate any modification that occurred in their personal situation.

Chapter V
PROCEDURE OF SOCIAL SERVICE DELIVE RY

Article 14. Identification of social service beneficiaries

(1) To apply for social services, any person who considers himself/herself in a situation of
social risk or disadvantaged person /family, or who has suffered neglect or abuse, files a
written or verbal application to the local social assistance unit where he/she has the domicile.
The application for social services can also be submitted directly to another provider of social
services stipulated in art. 7 of the present law in the loca lity of beneficiary’s domicile.

(2) Acting in the interests of the person /family or for social security of the community, the
application for social services of the person /family stipulated in par. (1) can be filed by
community members or other inte rested persons, who will indicate the reason for which the
person or his/her legal representative cannot file this application independently .

(3) The workers of instructive -educative institutions, healthcare institutions, social service
delivery institutions, police and other competent bodies, who have information on the need to
provide social services to a person /family are obliged to inform immediately, within 24
hours the territorial social assistance structure within the local public authority whe re the
person /family has the place of residence. Under these conditions, such cases will be
examined without an application filed by the person or the legal representative .

Article 15. Examination of the application

Based on the application stip ulated in art. 14, the social assistance unit must :

a) provide information or consultation immediately at the time of application or within 3
days, in case of impossibility to provide them immediately ;

b) ensure the initial assessment of the need s of the person or family with a view to provide
social services ;

c) in emergencies, provide services immediately where necessary, involving the competent
authorities .

Article 16. The initial assessment

(1) The initial assessment is carried out within 10 days from the date of registration of the
application, and the decision is communicated immediately both to the person that filed the
application and to the person concerned by the application.

(2) After the initial assessment, the social assistance unit may :

a) reject the application, explaining the reason for the decision to the person to whom
social service delivery was refused ;

b) provide one -off intervention;

c) carry out the complex assessment ;

d) to refer the c ase based on the competence, in emergency situations or in the situation
when the case cannot be solved at community level .

(3) If the application is accepted, the social assistance territorial structure via the social
assistance unit shall provide th e necessary social services to meet the identified needs of the
beneficiary. For this purpose and to respect the right of the beneficiary to live in the family,
the territorial social assistance structure provides solutions to avoid the separation of famil y
members. If this cannot be achieved, the territorial social assistance structure identifies
solutions that would allow as many meetings of family members as possible in places
accessible for everybody.

Article 17. Complex assessment

(1) If the results of the initial assessment or of the one -off intervention are insufficient to
meet the needs of the person, the social assistance unit conducts a complex assessment of the
beneficiary and coordinates all the actions with the territorial social assi stance structure.

(2) Complex assessment is carried out with direct involvement of specialists in the field
and /or related fields and with compulsory participation of the beneficiary and of those who
conducted the initial assessment and is finalised within 10 days from the date when the case
was taken over for complex assessment .

(3) As a result of complex assessment, the territorial social assistance structure develops
the individualised assistance plan of beneficiary that may stipulate, depending on the case,
the following recommendations :

a) the delivery of primary social services in the beneficiary’s community ;

b) the delivery of specialised social services ,
established according to the individualised
assistance plan, either in the b iological family, in a substitute family, in day centers or
temporary placement centers, first of all at the place of residence of the beneficiary , and
complementarily in another territorial- administrative unit close to the same level or of the II
level ;

c) referral to very high need services .

Article 18. Guarantees regarding the delivery of very high need services

(1) The territorial social assistance structure refers the case to very high need services only
if there are reasons determining that options stipulated in Article 17 par. (3) letters a) and b)
cannot meet the identified needs of the beneficiary and the failure to provide very high need
services is a risk for the beneficiary’s life.

(2) Very high need services are provided to the beneficiary only if he/she has been referred
by the territorial social assistance structure as a result of complex assessment .

(3) The provider of very high need services, irrespective of the legal form of organisation
and subordination does not accept any beneficiary in very high need services without :

a) complex assessment and individualised assistance plan ;

b) justified decision to refer the case for the delivery of very high need services .

(4) Poor material conditions of the person/family cannot serve as exclusive grounds for
his/her referral to very high need services .

(5) In emergency situations, only in cases of imminent danger for the life and health of the
person very high need services can be provided, by derogation from par. (3), for a period of
no longer than 30 days, in which the complex assessment is conducted and the individualised
assistance plan is developed with direct involvement of representatives of the territorial social
assistance structure from the area where the beneficiary resides .

Article 19. Periodic review of the individualised assistance plan

(1) In order to determine the efficiency of provided social services and to determine
whether the intervention continues or the case is closed, the situation of the beneficiary is
periodically reassessed by the social service provider .

(2) The review of the individualised assistance plan is compulsory :

a) after the first month of social service delivery ;

b) after three months of social service delivery;

c) depending on the need, but at least once in six months .

(3) Based on results of review, the individualised assistance plan is added to, modified or
closed by the provider of social services .

Article 20. Data record on the delivered social services

(1) The record of any delivered social services is maintained by the service provider in a
register, which contains the last name and first name, personal data, home address of the
beneficiary, as well as the problem t hat determined him/her to apply for social services, the
duration of the hearing, the result of service delivery .

(2) The registration, storage and use of personal data of social service beneficiaries follow
the provisions of the Law no. 17- XVI of 15
th February 2007 on the Protection of Personal
Data.

Chapter VI
INSPECTION OF SOCIAL SERVICES

Article 21. General provisions on the inspection of social services

(1) The inspection of social services is carried out by the Social Inspection subordinated to
the Ministry of Labour, Social Protection and Family .

(2) Social inspection may be exercised on all social service providers, irrespective of the
type of property and form of organisation. The inspection of social services is conducted
per
iodically in line with the legislation in force. In inspection delivery are involved
representatives of civil society, including beneficiaries of social services .

(3) Reports on the results of Social Inspection may be made available to the public in
periodical magazines, in the newsletter and on the webpage of the Ministry of Labour, Social
Protection and Family .

Article 22. Objectives of Social Inspection

The inspection activity has the following objectives :

a)
to apply legal provisions on social services ;

b)
to meet the social services quality standards ;

c)
to improve the quality and increase the efficiency of social services ;

d) to guide and support methodologically the activity of social service providers ;

e) to ensure the respect of beneficiaries’ social rights .

Chapter VII
MONITORING AND EVALUATION OF SOCIAL SERVICES
Article 23. Monitoring and evaluation of social services

(1) Social service monitoring is a process of continuous and regular collecti on of
information based on specific indicators used to analyse the dynamics of progress regarding
the fulfillment of activities and the achievement of social service objectives .

(2) The evaluation of social services is a process of analysis of monito ring data and of
other information to determine the relevance of social service objectives, their achievement,
efficiency, impact and sustainability .

Article 24. The role of the Ministry of Labour, Social Protection and Family in social
service monito ring and evaluation

The Ministry of Labour, Social Protection and Family is responsible for the organi sation of
monitoring and evaluation of integrated social service system via the development and
application of the methodology for this field and ana lysis of impact of social services on
disadvantaged persons/families .

Article 25. The role of local public administration in the process of social service
monitoring and evaluation of social services

(1) The social assistance unit collects prim ary information on social services provided at
community level and presents it to territorial social assistance structure .

(2)
The territorial social assistance structure provides the Ministry of Labour, Social
Protection and Family with regular repor ts containing the information requested according to
the methodology of monitoring and evaluating the impact of social policies in the field of
social services, including for services provided by the private sector .

(3) Private providers of social se rvices are responsible for submitting reports to social
assistance units and, respectively, to territorial social assistance structures, in compliance
with the requirements of social service monitoring and evaluation.

Chapter VIII
FINANCING OF SOCIAL SERVICES

Article 26. General provisions on financing of social services

(1) Social services are financed from the :

a) state budget – for functions specified in art. 8;

b) budgets of administrative-territorial units – for functions descr ibed in art. 9 and 10;

c) own sources of social service providers – for functions specified in art. 11;

d) other sources under the legislation.

(2) The way of social service financing is established by the legislative framework that
regula tes the inter -budgetary relationships .

(3) Social service financing from sources stipulated in par. (1) letters a) and b) is carried
out on the principles of competition and quality .

(4) Central or local public administration authorities can proc ure and contract social
services under the law .

Article 27. Partnership financing

Social services may be jointly financed in partnership: from the state budget, the budgets of
territorial units of levels I and II, in accordance with their respons ibilities stipulated in
Chapter III .

Article 28. Other sources of financing

(1) Social services financing can use the own incomes of service providers, donations,
sponsorship or other contributions of domestic or foreign individuals or legal ent ities as well
as other sources under the law .

(2) Depending on the income, the beneficiary can contribute to social services financing in
compliance with the law .

(3) Social service providers can develop economic activities for self -financing of the
provided social services .

Chapter IX
EXAMINATION OF LITIGATIONS ON SOCIAL SERVICES.
LIABILITY FOR NON- OBSERVANCE
OF THE LEGISLATION

Article 29. Settlement of litigations

(1) The litigations in the field of social service delivery that cannot be settled in an
amicable manner between the interested parties are referred to courts for settlement under the
legislation .

(2) The administrative acts that violate the legitimate rights or interests of the individual or

legal entity involved in relations in social service delivery can be appealed against in the
administrative court.

(3) The applications submitted in administrative court for solving the litigations regarding
the right to social services or the delivery of social services are exempted from state taxation .

Article 30. Liability for non- observance of the legislation

The violation of present law provisions brings to legal liability according to the law .

Chapter X
FINAL AND TRANSITIONAL PROVISIONS
Article 31

(1) The present law comes into force at the expiration of 6 months from the date of
publication.

(2) Before obtaining the accreditation stipulated in art. 7 par. (4), the activity of social
service providers who provide social services on the date of coming into force of the present
law shall be carried out in compliance with the legislation .

(3) Within 12 months from the date of publication of this law, the Government will bring
its by -laws in compliance with its provisions and will come with proposals to bring the
legislation in compliance with the present law .

CHAIR OF THE PARLIAMENT Mihai GHIMPU

No. 123. Chisinau , 18 th June 2010.