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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 101
Adopted 20 February 2018

Regulations Regarding the Social Enterprise Commission

Issued pursuant to
Section 6, Paragraphs two, four and five
of the Social Enterprise Law

I. General Provisions

1. This Regulation prescribes:

1.1. the composition, the work organisation, and the procedures for the decision-making of the Social Enterprise Commission (hereinafter - the Commission);

1.2. the procedures by which the remuneration for work in the Commission is determined for members of the Commission who are not authorised officials;

1.3. the procedures by which the representatives of associations and foundations are nominated and included in the composition of the Commission.

2. The Commission is a collegial consultative body which provides the statements specified in Section 6, Paragraph three of the Social Enterprise Law to the Ministry of Welfare.

3. The term of office of the Commission, regardless of the changes in the personnel of the Commission, shall be three years from the day when the Minister for Welfare has approved the personnel of the Commission.

II. Composition of the Commission

4. The Commission shall consist of 10 members. From them, five members of the Commission shall be authorised by the institutions of direct administration referred to in Paragraph 5 of this Regulation and five shall be selected in an open tender from the candidates who have been nominated by the associations and foundations registered in the Register of Associations and Foundations of the Enterprise Register (hereinafter - the Register of Associations and Foundations) in accordance with the procedures laid down in this Regulation.

5. One member of the Commission - an authorised official (by specifying the official who replaces the member of the Commission during his or her absence) - from each of the following institutions of direct administration shall be included in the Commission:

5.1. the Ministry of Welfare;

5.2. the Ministry of Finance;

5.3. the Ministry of Economics;

5.4. the Ministry of Environmental Protection and Regional Development;

5.5. the Ministry of Culture.

6. The Chairperson of the Commission shall be the representative of the Ministry of Welfare. The Deputy Chairperson of the Commission shall be elected at the first meeting of the Commission from representatives of associations and foundations selected in accordance with the procedures laid down in Chapter III of this Regulation.

7. The institution of direct administration has the right to withdraw the nominated member of the Commission by notifying the Secretariat of the Commission thereof in writing and authorising another official for work in the Commission.

III. Nomination of Representatives of Associations and Foundations for Work in the Commission

8. The Ministry of Welfare shall, not later than six months before the expiry of the term of office of the Commission, announce a tender for the office of a member of the Commission (hereinafter - the tender) in the official gazette Latvijas Vēstnesis and on the website of the Ministry of Welfare. The tender shall be considered announced on the day when the announcement is published in the official gazette Latvijas Vēstnesis.

9. The term for application indicated in the announcement may not be less than one month from the day of announcing the tender.

10. An association or foundation registered in the Register of Associations and Foundations has the right to apply a candidate for the office of a member of the Commission, if it concurrently meets the following criteria:

10.1. it has been registered with the Register of Associations and Foundations for at least two years prior to the announcement of the tender;

10.2. all annual statements have been submitted;

10.3. it has no tax debts on the day when the tender is announced;

10.4. it has competence in the field of social entrepreneurship.

11. An association or foundation may nominate a natural person (hereinafter - the candidate) for the tender who meets the following criteria:

11.1. has attained at least 18 years of age;

11.2. has been active in an association or foundation for at least two years within the period of the last five years;

11.3. has competence in the issues of social entrepreneurship.

12. An association or foundation may apply one candidate for inclusion in the Commission.

13. When applying the candidate, an association or foundation shall submit the following documents:

13.1. an application in which the name, registration number, and legal address of the association or foundation, as well as the given name, surname, personal identity number, address of the declared place of residence, and contact telephone of the candidate are indicated;

13.2. a copy of the decision or an extract from the minutes of the administrative body of the association or foundation on nominating the candidate;

13.3. a description of the activity of the association or foundation within the last two years (up to 3000 characters), particularly by indicating experience in relation to the issue of social entrepreneurship and the manner in which the administrative capacity and the current experience of the association or foundation will be able to ensure successful activities of the applied candidate in the Commission;

13.4. a written certification that the candidate agrees to be a member of the Commission, and his or her curriculum vitae;

13.5. a motivation letter of the candidate (up to 3000 characters) in which he or she describes experience in a non-governmental sector and understanding of social entrepreneurship, as well as justifies his or her wish to work in the Commission.

14. If less than five applications of associations or foundations have been received within the time period indicated in the announcement of the tender, the Ministry of Welfare shall extend the time period for application by 10 working days, publishing the information in the official gazette Latvijas Vēstnesis and on the website of the Ministry of Welfare. The time period for submission may be extended several times until the day when the Ministry of Welfare has received at least five submissions.

15. Until the announcement of the tender, the Ministry of Welfare shall develop the procedures for evaluating candidates and append them to the announcement of the tender, as well as ensure their constant availability on the website of the Ministry of Welfare.

16. An association or foundation has the right to withdraw the member of the Commission nominated and selected in accordance with the procedures of the tender by notifying the Secretariat of the Commission thereof in writing.

17. If the association or foundation which nominated a member of the Commission terminates its activity or the member of the Commission who has been selected in accordance with the procedures of the tender is withdrawn or leaves the office, the next applicant of the previously organised tender who has obtained more than half of the total number of points in evaluation is included in the composition of the Commission in his or her place (for the remaining term of office of the Commission). If there is no such applicant, the Ministry of Welfare shall, within one month, organise a tender for the vacant position of the member of the Commission (for the remaining term of office of the Commission), provided that the remaining term of office of the Commission is not less than six months.

18. If more than three members of the Commission selected in accordance with the procedures of the competition are missing concurrently in the composition of the Commission, the tender for all five positions of the members of the Commission which are provided for the candidates nominated by associations and foundations is organised for a new term of office.

IV. Organisation of the Work of the Commission

19. Meetings of the Commission shall be held as necessary, but not less than once in a quarter. Meetings of the Commission shall be convened by the Chairperson of the Commission.

20. A meeting of the Commission shall be led by the Chairperson of the Commission. During the absence of the Chairperson of the Commission his or her functions shall be fulfilled by the Deputy Chairperson of the Commission.

21. Organisational and technical work of the Commission shall be ensured by the Secretariat of the Commission. The duties of the Secretariat of the Commission shall be carried out by the Ministry of Welfare.

22. The Secretariat of the Commission shall, at least five working days before a meeting of the Commission, electronically inform members of the Commission of the meeting, indicating the place and time of the meeting, and send the agenda and materials to be examined, as well as post the information regarding agenda of the meeting on the website of the Ministry of Welfare and indicate the limited liability companies which have submitted applications for acquiring the status of a social enterprise (hereinafter - the applicants) and the social enterprises issues related to which will be examined in the relevant meeting.

23. Meetings of the Commission shall be open, and one representative of each applicant and social enterprise issues related to the activity of which are examined in the relevant meeting may participate therein. Other persons may participate in a meeting, if they have applied to the Ministry of Welfare at least three working days before the meeting.

24. Meetings of the Commission are recorded in an audio recording.

25. Upon a request of a member of the Commission, the Ministry of Welfare shall, within seven days, send the audio recording of the meeting to this person.

26. For a member of the Commission who is not an authorised official, the amount of remuneration shall be calculated by taking into account the tariff rate of a working hour and the number of the hours actually worked in the month.

27. For a member of the Commission who is not an authorised official, the tariff rate of working hour shall be determined as the average rate from the average hourly rate of the total monthly remuneration of members of the Commission - the authorised officials referred to in Paragraph 5 of this Regulation.

28. For a member of the Commission who is not an authorised official, travel expenses shall be compensated in the amount of not more than 20 euros per month on the basis of documents certifying such expenses (public transport tickets or documents certifying fuel expenses).

29. The Ministry of Welfare shall disburse the remuneration referred to in Paragraphs 26 and 28 of this Regulation once a month, if a meeting of the Commission has taken place in the relevant month.

V. Decision-making of the Commission

30. The Commission shall have the quorum, if more than half of the members of the Commission participate in the meeting of the Commission.

31. If the Commission does not have the quorum, a repeated meeting shall be convened within five working days, without changing the agenda.

32. Before taking a decision, the Chairperson of the Commission shall aggregate the opinions that have been expressed during discussions of the relevant issue of the agenda of the meeting, formulate the decision of the Commission, and invite the Commission to vote. A decision shall be taken, if the majority of the present members of the Commission with the right to vote has voted. If the voting is tied, the Chairperson of the Commission shall have the deciding voice.

33. If necessary, specialists of the relevant field may be invited for deciding the issue to be examined in the meeting. The invited specialists do not have the right to vote in decision-making of the Commission.

34. The Chairperson of the Commission, the Deputy Chairperson of the Commission, and a member of the Commission shall not participate in the examination of an issue and taking of a decision, if it is in contradiction with the law On Prevention of Conflict of Interest in Activities of Public Officials or the ethical standards. A member of the Commission shall, without delay, inform the Chairperson of the Commission in writing of the existence of a conflict of interests.

35. The Secretariat of the Commission shall draw up the decision of the Commission in writing as the statement specified in Section 6, Paragraph three of the Social Enterprise Law and, within 10 working days after taking of the decision, submit it to the Ministry of Welfare.

VI. Closing Provisions

36. Upon announcing the competition for the first time, the time period for application indicated in Paragraph 9 of this Regulation shall be two weeks from the day of announcing the competition.

37. This Regulation shall come into force on 1 April 2018.

Prime Minister, Acting Minister for Health Māris Kučinskis

Minister for Welfare Jānis Reirs

 


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 101Adoption: 20.02.2018.Entry into force: 01.04.2018.Publication: Latvijas Vēstnesis, 38, 22.02.2018. OP number: 2018/38.10
Language:
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