Государственный контроль, осуществляемый Национальным агентством общественного здравоохранения над предпринимательской деятельностью

The control body may decide to carry out unannounced controls on a person only if it has information confirmed by evidence about: the existence of emergency situations; incidents or serious violations of security or safety rules; situations that pose an imminent and immediate danger to the environment, life, health and property of persons. In order to carry out an unannounced control, the following conditions must be met: a) the need to initiate the control is motivated in advance; b) it can be reasonably established, from the information held until the initiation of the control and from the motivation note, that only unannounced intervention through control will prevent and/or stop violations that imminently cause damage or that in this way the damage already caused could be substantially reduced; The unannounced control may also be carried out if the control body: a) It has information regarding the use of undeclared work; b) Possesses information about the payment of wages or other payments without reflecting them in the accounting records; c) Possesses information regarding human trafficking or labor exploitation; d) The person to be controlled is clearly evading the planned control; e) If the person or object must be controlled according to the Crisis Management Plan, approved and published on the controale.gov.md portal.

The control body annually prepares the control plan for the following year. Each authorized body with control functions must register the Control Plan in the State Register of Controls by December 1 of the year preceding the year in which the controls are to be carried out. Control bodies are not entitled to change the order of planned controls after the registration and publication of the control plan and/or to carry out planned controls if they were not included in the plan.

The control is carried out on the basis of the delegation signed by the management of the body authorized to perform control functions. The control body shall send the person subject to the control a copy of the control delegation so that at least 5 working days, but no more than 15 working days, elapse between the time of actual receipt of the copy and the time of the start of the control. The checklists on the basis of which the control in question will be carried out must be attached to the control delegation.

The inspector has the right to start the inspection only if the following conditions are met: a) he/she has presented his/her identification; b) he/she has handed over the copy to the inspection delegation; c) there is evidence demonstrating the need to carry out the unannounced inspection; d) the minimum notification period has expired in the case of planned inspections. e) registration of the inspection delegation in the State Register of Inspections, and in the case of an unannounced inspection – also of the motivation note. The inspection is carried out only by the inspectors expressly specified in the inspection delegation and only during the work schedule of the person subject to the inspection.

During the control process, the person subject to control has the right to check the control delegation and to take note of the inspector's service card, to be informed about his rights and obligations, to challenge the actions of the inspectors, to take note of the control report and other documents drawn up during the control, to assist personally or through his representative in the control process, to document the actions of the inspectors and of the persons accompanying them in the interest of service through evidence with witnesses and/or through other means, such as photo, video, audio recording means, etc. Obligations of the person subject to control: a) to present the documents and information directly related to the object of the control, requested by the inspector in order to carry out the control; b) to allow inspectors access to his service premises during working hours; c) to ensure, at the initiation of the control and during its conduct, the presence of its manager or representative. d) To cooperate with the inspector and contribute to the exercise of his rights;

The control procedure is concluded by the inspectors drawing up a control report, which is completed and signed by all the inspectors indicated in the control delegation, at the place of the control. The person subject to the control has the right, within 10 working days from the signing of the control report, to present his disagreement with the act in question, bringing additional evidence confirming his position.