Name of law Law amending the investment promotion Act Name of Bill a bill amending the investment promotion act of acceptance Date 13/05/2013 number/year Official Gazette 16/2013 DECREE No 28
On the grounds of art. 101, para. 3 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law for amendment of the investment promotion Act, passed by the National Assembly of the HLI 29 November 2012, readmitted 13 February 2013.
Issued in Sofia on 15 February 2013.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
Diana Kovatcheva
LAW
amending the investment promotion Act (promulgated, SG. 97 of 1997; Corr. No. 99 of 1997; amend., SG. 29 and 153 of 1998, 110/1999, no. 28 of 2002, no. 37 of 2004; Corr., no. 40 of 2004; amend., SG. 34, 59, 65, 80, 82 and 86 by 2006. , PC. 42 and 53 of 2007, PC. 69 since 2008, PCs. 41 and 82 from 2009, PCs. 18, 88 and 100 by 2010 and PC. 38, 45 and 82 by 2012.)
§ 1. In art. 2 make the following amendments and additions:
1. In paragraph 1 the comma and finally the Union ' and ' shall be replaced by a semicolon.
2. a new item 6:
6. financial support for the partial reimbursement of costs incurred by the investor for his account, in his capacity as employer compulsory contributions to State social insurance, the additional compulsory pension insurance and mandatory health insurance for newly appointed employees for the implementation of the investment project; ".
3. Current item 6 becomes item 9.
§ 2. In art. 2 a, para. in Chapter 1, the words "third" is replaced by "in the third and fourth chapters".
§ 3. In art. 3 al. 2 is repealed.
§ 4. In art. 10, para. 2 make the following amendments and additions:
1. In paragraph 5, the words "this Act" are replaced by "7 and 8".
2. a new item 6:
6. make proposals for inclusion in the operational programmes co-financed by the funds of the European Union, measures to promote investment under item 7 and 8; ".
3. Current item 6 becomes item 7 and after the words "investment class" insert "and for priority investment project".
4. Current item 7 becomes item 8.
§ 5. In art. 11 the following endorsements are added:
1. In paragraph 8. 1 item 4 is created:
"4. the control over the legality of the acts and actions of bodies of local self-government and local administration in applying the provisions of chapter IV, section II."
2. in the Al. 2 creating item 3: "3. certificate of investment projects with local relevance and apply measures of nas″rčitelnite its mission. "
3. in the Al. 3, after the words "under para. 2 "a comma and add" 1 and 2 ".
§ 6. In art. 11 (b), point 7 make the following amendments and additions:
1. (c) the words "investment class" shall be replaced by "investment class a, class b, and priority investment project".
2. a new point (d):
"d) certificates issued in accordance with this law;".
3. a letter "e":
"(e)) the websites of municipalities, of which the information is published under art. 22 and, point 7; ".
4. The current letter "d" letter "e".
§ 7. In art. 11 in, al. 3 the word "Summary" is deleted.
§ 8. In art. 12 make the following amendments and additions:
1. In paragraph 8. 1, after the word "chapter" and "shall be added to chapter IV".
2. in the Al. 2: a) in item 5:
AA) in the text before the letter "a" is added "reduced";
BB) subparagraph (a) shall be replaced by the following:
"a) up to three times for investment projects that will be implemented entirely within the administrative borders of the economically less-favoured areas, as defined by the regulation for implementation of the law;"
BB) in (b), the word "lower" shall be deleted;
yy) in the "in" word "lower" shall be deleted;
DD) creates the letter ' (d) ':
"d) over five times when it creates and maintains employment within the meaning of s. 7 in the high-tech or economic activities in less-favoured areas and up to three times in other economic activities, such as employment requirements are determined by the regulation for implementation of the law;"
(b)) into the word "investment" is replaced by "assets";
in point 7) in the text before paragraph (a), the word "cumulative" is replaced by "simultaneously".
§ 9. In art. 13, para. 1 item 5 is created:
"5. which has outstanding wages to workers, established by entered into force criminal Decree."
§ 10. In art. 14 the following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "para. 1, item 1 "and the comma after them are deleted, and the words" art. 15, para. 1 "shall be replaced by" art. 15, para. 1-3.
2. in the Al. 2, after the words "of the" investment "is added and employment" and the second sentence: "a certificate issued by the Minister of economy, energy and tourism under art. 20, para. 1 for the use of measures under art. 15, para. 1. "3. Al are created. 3 and 4:
(3) investments under para. 1 are defined as priority investment project on the basis of the criteria for a minimum amount of investment and employment under art. 22, para. 1. the certificate of priority investment project shall be issued on the basis of a decision of the Council of Ministers under art. 22, para. 3. the certificate of priority investment project shall be signed by the Minister of economy, energy and tourism or the Minister of economy, energy and tourism and other authorised person, including regional Governor or mayor or representing the Organization of the academic community for technology parks in accordance with art. 22, para. 4 for use of measures under art. 15, para. 2.
(4) investments under para. 1 is defined as a class in a municipal matter, on the basis of the criteria for a minimum amount of investment and employment under art. 22 h, para. 2. the certificate shall be issued by the Mayor of the municipality on the basis of a decision of the Municipal Board under art. 22 and item 3, for the use of measures under art. 22 h, para. 3. "
§ 11. In art. 15 is made the following changes and additions:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1, after the words "under art. 20, para. 1, item 1 "is added" as a class a or class b;
(b) shall be so) 6:
6. financial support for the partial reimbursement of costs incurred by the investor on his behalf in his capacity as employer compulsory contributions to State social insurance, the additional compulsory pension insurance and compulsory health insurance for newly recruited employees by the procedure of art. 22 e. "
2. Create a new para. 2 and 3:
"(2) the priority investment projects under art. 22 is able to promote a package of measures by the procedure of art. 22, para. 2. the resources necessary for the implementation of the financial measures is envisaged on the basis of the decision of the Council of Ministers under art. 22, para. 3.
(3) investment projects with municipal matters with a certificate from the Mayor of class in the municipality are encouraged with measures by the procedure of art. 22 h, para. 3. "
3. The current paragraph. 2 it al. 4 and, after the word "Investment" is added "under para. 1-3 ' and the words ' the value added tax Act and the Act on promotion of employment "shall be replaced by" the value added tax Act, the employment promotion Act and the law on ownership and use of agricultural land.
4. The current paragraph. 3 it al. 5 and in her words "the implementation of the measures referred to in paragraph 1. 1, item 4 and 5 "are replaced by" the implementation of the financial measures in al. 1, item 4 – 6.
5. a para. 6:
"(6) means to implement the financial measures referred to in paragraph 1. 1 and 2 are provided and in the operational programmes co-financed by the funds of the European Union. "
§ 12. In art. 16 is made the following changes and additions:
1. The current text becomes paragraph 1 and in it:
and in the text) before item 1 the words "art. 15, para. 1, item 4 and 5 "are replaced by" article. 15, para. 1, item 4 – 6 and art. 22, para. 2, item 1 ";
b) item 5 is created:
"5. the investor and legal persons under art. 17, al. 1 declare that they are not in arrears in respect of payments due to suppliers of goods and services on the implementation of the investment project. "
2. a para. 2:
"(2) where a measure to promote investment under art. 15, para. 1, item 3 or al. 4 in relation to the law on ownership and use of agricultural land, submit a document certifying the prior consent of the owner of the property. "
§ 13. In art. 18 the following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "investment class" shall be replaced by "investment class a, class b or priority investment project under art. 14, para. 2 and 3 "and the words" art. 15, para. 1 "shall be replaced by" art. 15, para. 1, 2 and 4.
2. a para. 5:
"(5) the client shall submit an application to the Mayor of the municipality to obtain the certificate of investment grade, indicating the measures under art. 15, para. 3 and 4, subject to para. 2-4. "
§ 14. In art. 19 the following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and in paragraph 1, after the words "under art. 18 "a comma and added al. 1-4.
2. a para. 2:
"(2) the Mayor of the municipality: 1. evaluate the received documents under art. 18, al. 5;
2. notify the investor for any discrepancies and/or incompleteness of the documents referred to in art. 18, al. 5 and gives a deadline for their removal;
3. drawn up on the basis of the assessment referred to in paragraph 1 a reasoned proposal to the municipal s″vetza the issue of a certificate for an investment grade or refuse in the cases under art. 19A;
4. send to the City Council the proposal under item 3, together with the completed documents under art. 18, al. 5 within 30 days of their submission. "
§ 15. In art. the following 20 amendments:
1. In paragraph 8. 1:
a) in paragraph 1, after the words "investment class" "is added as a class a, class b or as a priority investment project under art. 22 is on the basis of decision of the Council of Ministers ";
b) point 3 is replaced by the following:
3. publish information for certified and encouraged investments under this Act on the website of the Ministry of economy, energy and tourism or the Agency. "
2. in the Al. 2 the words "Minister of economy, energy and tourism, the Minister of finance and Minister of labour and social policy" are replaced with "Minister of economy, energy and tourism, the Mayor of the municipality or the Minister of finance, Minister of labour and social policy and other competent bodies" and the words "art. 15, para. 2 "are replaced by" article. 15, para. 4. "
3. a para. 3:
"(3) the Mayor of the municipality:
1. the certificate of investment grade on the basis of a decision of the Municipal Council by the procedure of art. 22 h 22 and;
2. refuse to issue a certificate of investment grade (c) in the cases under art. 19A;
3. provide information for certified under this law and encouraged investment in the class on the website of the municipality and with the annual report under art. 22 and, item 8.
§ 16. In chapter three, section II art is created. 20A:
"Art. 20. At the request of the investor, Minister of economy, energy and tourism can only once to extend the period of validity of the certificate referred to in art. 20, para. 1, item 1 to two years according to the order of its issue, where:
1. the Secretariat has not been made within the time limit under art. 21 the reason for which the investor does not meet;
2. the measure under art. 22 and was not carried out for reasons for which the investor does not meet;
3. investment project is not fulfilled wholly or partially as a result of force majeure referred to in the contract or in an agreement with the investor under this Act, or under the applicable law of the European Union. "
§ 17. In art. 22 and the following endorsements are added:
1. In paragraph 8. 3 create the third and fourth sentences: "the investment is considered to be a back ordered, where the rate is below the required minimum amount determined under art. 12, al. 2, item 5, and the condition is not met in the Al. 13, established with financial statements and a report, certified by a registered auditor, in accordance with the law on independent financial audit. The costs of the activities of the auditor shall be borne by the investor. "
2. a para. 13:
(13) property rights under para. 1 and al. 10, item 2 may be transferred or established only if the size of the planned investment as expenses for tangible fixed assets is over 5 times bigger than the market valuation of the property under para. 2. Non-compliance with the requirement is included in the contract with the investor as a reason for his termination under paragraph 1. 3. "
§ 18. In art. 22 in the following modifications are made:
1. In paragraph 8. 1, paragraph 2 the word "cumulative" is replaced by "simultaneously".
2. paragraph 4 is hereby repealed.
§ 19. (E) article 22 shall be replaced by the following: "art. 22 (e) (1) on the proposal of the Minister of economy, energy and tourism the Council of Ministers may allocate funds for a partial refund for a period not exceeding 24 months from the discovery of the workplace, the expenditure incurred by the investor on his behalf in his capacity as employer compulsory contributions to State social insurance, the additional compulsory pension insurance and mandatory health insurance for employees , taking up new jobs, when both the following conditions are met:
1. investment is the investment certificate issued class a, class b or priority investment project;
2. created with the implementation of the investment project employment, defined as srednospis″čna number of employees, meet the conditions under art. 12, al. 2, item 5 and item 7, the letters "a" and "b";
3. the annual remuneration of workers with an employment relationship in the establishment of the investor is higher than the average in the country for the economic activity in which investment project, according to the National Institute of statistics for the period of employment under art. 12, al. 2, point 7 (c);
4. the person pursuing an investment referred to in paragraph 1, no failure to comply with the obligations contracted under the programmes, measures and training under the law for the promotion of employment;
5. for the same expenses are not received funds from other public sources of funding.
(2) for the application of the measure referred to in paragraph 1. 1 novorazkritite jobs need to be filled by Bulgarian nationals, nationals of another Member State of the European Union, the other State party to the agreement on the European economic area, Switzerland or the Swiss by the persons under art. 18, al. 3 of the Act on promotion of employment.
(3) investments under para. 1, item 1, which take place in high-tech activities or in the administrative boundaries of economically disadvantaged regions are encouraged as a priority.
(4) the allocation of the resources of the Al. 1 shall be managed in accordance with the requirements of Regulation (EC) No 800/2008.
(5) detailed rules for the application of paragraphs 1 and 2. 1 – 4 are determined by the regulation for implementation of the law. "
§ 20. The title of chapter IV shall be replaced by the following: "priority investment projects and projects with municipal matters.
§ 21. In chapter four prior art. 22 's name is created "section I priority investment projects of national or regional importance".
§ 22. In art. 22, para. 2, item 1 in the text before paragraph (a), the words "article. 15, para. 1 and 2 "shall be replaced by" art. 15, para. 1 and 4 for investments class a and class b ".
§ 23. In chapter IV, section II is created with art. 22 h 22 and:
"Section Ii
Investment projects with municipal matters
Art. 22. (1) for the promotion of investments with municipal matter Municipal Council adopt Ordinance, which sets out the conditions and procedures for the issue of a certificate in the class and the implementation of the measures in accordance with the requirements of chapter three and the rules for implementation of the law.
(2) Projects with municipal matter is promoted as investment grade in art. 14, para. 4 when disposing of a certain boundaries in the administrative community and fulfil the conditions of the Ordinance referred to in para. 1. projects:
1. can be implemented in all sectors of the economy, with the exception of those referred to in art. 13A, paragraph 3; economic activities are defined in accordance with the statistical classification of economic activities in the European Community (NACE), respectively its direct application in the Republic of Bulgaria through the corresponding classification;
2. provide for the amount of investment, not exceeding the minimum amount of class b under art. 12, al. 2, item 5, determined by the regulation for implementation of the law;
3. create employment within the meaning of art. 12, al. 2, item 7 and the minimum number of employees may be a criterion for the issue of a certificate in the class at the same time as the amount of investment.
(3) investments with municipal matters, received the certificate of class, are encouraged to implement the investment project through: 1. reduced periods for administrative services provided by the municipality in whose territory the investment is carried out;
2. individual administrative services provided by the municipality in whose territory the investment is carried out;
3. acquiring ownership or limited real rights on real estate – private municipal property, by the order of art. 22 a, para. 1, 2 and 4 under the conditions under art. 22 a, para. 2 – 8 and 13; the measure applies in case that is not stated by the investor in accordance with art. 18 for the issue of a certificate of investment class a, class b, or for priority investment project for the same property – private municipal property.
Art. 22. The Mayor of the municipality:
1. by decision of the Municipal Council and proposed for adoption Ordinance referred to in art. 22 h, para. 1;
2. publish the Ordinance under art. 22 h, para. 1 on the website of the municipality within 14 days of its adoption by the City Council;
3. shall issue or refuse to issue a certificate of investment grade in following a decision by the City Council pursuant to art. 20;
4. apply nas″rčitelnite measures under art. 22 h, para. 3 in the order determined by the Ordinance under art. 22 h, para. 1;
5. in case of application of the measure referred to in art. 22 a, para. 1, 2 and 4 for real estate – private municipal property, assign the preparation of an assessment within the meaning of art. 22 a, para. (2);
6. provide information to the District Governor for the received investment proposals, certificates issued in class and implementing the measure under art. 22 a, para. 1, 2 and 4;
7. maintain on the website of the municipality:
a list of current) free land and other real estate for the realization of investments;
b) forms and forms for applying for a certificate for an investment grade in terms of nas″rčitelnite measures, in accordance with the Ordinance under art. 22 h, para. 1;
in) information on investment certificates issued by the class in the municipality;
8. draw up an annual report on investment certificates issued by the class and the corresponding incentives that represents the Governor and the Executive Director of the Agency and who shall be included in the annual report on investment in the country under art. 11 (b), item 5. "
§ 24. A chapter six ' a ' with new art. 28, 29 and 30:
"Chapter six" a "
CONTROL OF THE IMPLEMENTATION OF INVESTMENT PROJECTS
Art. 28. (1) the monitoring of the implementation of the investment projects, received the certificate of investment class a and class b, is carried out by:
1. the Minister of economy, energy and tourism or authorised by him, an official of the Administration, or by another body of the Executive power, providing a supportive measure;
2. authorized by the Minister of labour and social policy officer in respect of the performance of a contract with the investor to provide funds for the training and performance of the parameters of the investment project relating to employment.
(2) under para. 1 paragraph 1 shall be carried out in respect of the implementation of the investment, such as minimum size and time limit in the corresponding economic activity.
(3) the amount of the underlying investments are attested for the period through interim and annual financial statements in accordance with the accounting Act, accompanied by a description of the assets of the main economic activity and their value in a report form. The financial statements and the report shall be certified by a registered auditor in accordance with the law on independent financial audit. The costs of the activities of the auditor shall be borne by the investor.
(4) the amount of the employment created shall be certified for the accounting period with a document by the National Revenue Agency and in other documents referred to in the rules for implementation of the law.
Art. 29. Monitoring of the implementation of priority investment projects is carried out by:
1. definitions of the Council of Ministers decision authority, or
2. the Minister of economy, energy and tourism or authorised by him, an official of the Administration, or by another body of the Executive power, providing the assistance;
3. authorized by the Minister of labour and social policy, the person in respect of the implementation of the project on the training and performance of the parameters of the investment project relating to employment.
Art. 30. The monitoring of the implementation of the investment projects of local importance shall be carried out by the Mayor of the municipality or of the authorized officer thereof and shall be certified by the documents referred to in art. 32 a, para. 3 and 4. "
§ 25. In art. 34 Al is created. 5:
"(5) an official who violates or fails to comply with an obligation under art. 22 h, para. 3, item 1 or 2, shall be punished by a fine of up to $ 200 if the Act does not constitute a crime. "
§ 26. In art. 35 following amendments and supplements shall be made:
1. a new paragraph. 2:
"(2) the acts to establish wrongdoing under art. 34, para. 5 and the penal provisions shall be drawn up in the order determined by the Ordinance under art. 22 h, para. 1. The proceeds of fines imposed in the municipal budget. "
2. The current paragraph. 2 it al. 3.
§ 27. In § 1 of the additional provisions establishes that 16:
16. "Srednospis″čna" number of employees "is created and supported employment for the relevant financial year, determined in accordance with the methodology for the calculation of the average number of list and list of staff of the National Institute of statistics and reflected in the annual report on the activities under the Statistics Act, the Act on corporate income tax and the law on income tax of individuals."
TRANSITIONAL AND FINAL PROVISIONS
§ 28. The provisions of art. 12, item 5, point (d) and article. 22 (e) do not apply to investment projects, certified and entered for certification until the entry into force of this law.
§ 29. In the law on ownership and use of agricultural land (official SG 17 of 1991; Corr, no. 20 of 1991; amend., 74/1991, no. 18, 28, 46 and 105 of 1992 No. 48 of 1993; Decision No. 12 of the Constitutional Court from 1993 – No. 64 of 1993; amend., no. 83 of 1993 , PC. 80 of 1994, PCs. 45 and 57 of 1995; decisions No 7 and 8 of the Constitutional Court from 1995 – PCs. 59 of 1995; amend., SG. 79 of 1996; Decision No 20 of the Constitutional Court of the 1996 – PCs. 103 of 1996; amend., SG. 104 of 1996; Decision of the Constitutional Court No. 3 of 1997 – PCs. 15 of 1997; amend., SG. 62, 87, 98, 123 and 124 of 1997, PCs. 36, 59, 88 and 133 of 1998, PCs. 68. Since 1999, St. 34 and 106 of 2000 PCs. 28, 47 and 99 of 2002, PCs. 16 of 2003, PCs. 36 and 38 of 2004, PCs. 87. Since 2005, PCs. 17 and 30, 2006, issue. 13, 24 and 59 since 2007, PCs. 36 and 43 of 2008., PCs. 6, 10, 19, 44, 94 and 99 from 2009, PCs. 62 by 2010, PC. 8 and 39 from 2011, and St. 25 and 44 by 2012.) in art. 25, para. 3, paragraph 2, the words "under the investment promotion Act" shall be replaced by the words "or for priority investment project under the investment promotion Act, when this is stated in the certification of the project.
§ 30. In the law on foreigners in the Republic of Bulgaria (promulgated, SG. 153 of 1998; amend., SG. 70 (1999), no. 42 and 112 of 2001, 45/54 and 2002/37 and 103 of 2003 No. 37 and 70 by 2004, issue 11, 63 and 88 of 2005, no. 30 and 82 of 2006. , PC. 11, 29, 52, and 63 of the 109 2007, PCs. 13, 26, 28 and 69 since 2008, PCs. 12, 32, 36, 74, 82, 93 and 103 of 2009, PCs. 73 by 2010, PC. 9 and 43 from 2011, and St. 21 and 44 by 2012.) make the following changes and additions:
1. In art. 15, para. 2, after the words "posted by a foreign employer to carry out" insert "and maintenance".
2. In art. 24, para. 1 create item 19 and 20:
"19. have invested a sum of not less than EUR 600 000. – for every foreigner, for the acquisition of ownership of real estate on the territory of the Republic of Bulgaria or the alien is in possession of more than 50 percent of the capital of a Bulgarian company, put the same amount in the capital of the company and, as a result, the company has acquired the right of ownership of real estate in the country; at the date of filing of the application for a long-term residence permit to the alien or the legal entity must be fully paid the amount to be received on account of Bulgarian licensed credit institution and if the properties were acquired with borrowed funds, the outstanding portion of the loan must not exceed 25 per cent;
20. have committed investment in economically less-favoured areas within the meaning of the investment promotion act by entering into a capital of a Bulgarian company of not less than 250 000 EUR, as a foreigner is a partner or shareholder with registered shares and owns not less than 50 per cent of the capital of the company and, as a result of the investment have acquired new fixed tangible and intangible assets with a value of not less than 250 000. and at least 5 jobs for Bulgarian citizens, maintained for the duration of residence, attested by the Ministry of economy, energy and tourism. "
3. In art. 25:
a) in al. 1:
AA) paragraph 7 shall be repealed;
BB) in paragraph 13 before the word "made" is added "that" and add "certified by the Ministry of economy, energy and tourism in accordance with art. 25 c ";
CC) 16 shall be that:
"16. the committed investment in the country by entering into a capital of a Bulgarian company of not less than 500 000 BGN, as the alien's partner or stockholder with registered shares and owns not less than 50 per cent of the capital of the company and, as a result of the investment have acquired new fixed tangible and intangible assets with a value of not less than 500 000 BGN. and at least ten jobs for Bulgarian citizens, maintained for the duration of residence, attested by the Ministry of economy, energy and tourism ";
(b)) is hereby set up al. 4:
"(4) in the case of al. 1, item 13 and 16, for the purposes of the assessment at the time of issue of the certificate of the Ministry of economy, energy and tourism can serve as the annual financial statements and reports on the activities of the enterprise, certified by the Auditor, registered under the law on independent financial audit reports by the National Revenue Agency, municipalities, and/or other relevant documents presented by the investor or the foreigner, or collected officially. "
4. an art. 25 in:
"Art. 25. (1) permission for permanent residence on the grounds of art. 25, para. 1, item 13 can get čuždenec, who carries out the function of performance and/or maintenance of investments, received a certificate of class a, class b, or for priority investment project by the procedure of art. 20, para. 1, item 1 of the investment promotion Act.
(2) in the Bulgarian commercial investment company, received a certificate in art. 20, para. 1, item 1 of the investment promotion Act, the alien under para. 1 must be:
1. a partner or stockholder with registered shares, owns 50 per cent or more of the registered capital of the company;
2. representing the company or procurator, registered in the commercial register, or 3. recruited under an employment contract for the performance of a keyword and/or control function in the research, production, marketing or another main activity of the enterprise or other activities necessary for the purposes of the investment.
(3) no later than the third year from the date of commencement of work on the investment project of the company by the competent authority under paragraph 1. 2 shall certify that the minimum threshold has been reached for the issue of a certificate of investment grade (b) under the investment promotion act in respect of the underlying investments and put into service and/or the employment created by srednospis″čen the number of staff.
(4) the total number of people on para. 2 who can obtain a residence permit in the country on the grounds of art. 25, para. 1, item 13 in connection with the implementation and maintenance of an investment project is:
1. to implement the requirement of para. 3 – up to three persons;
2. after complying with the requirement referred to in paragraph 1. 3, during the maintenance of investment and jobs – up to 8 persons.
(5) For the Bulgarian company and about the person under subsection. 2 apply the requirements of art. 13 of the Act on promotion of investment.
(6) the Ministry of economy, energy and tourism certificate for fulfilment of the requirements under paragraph 1. 2-5 to serve outside the administrative control of foreigners. The certificate shall be issued after motivation from Bulgarian company in the Al. 2 the need for residence of the alien for the implementation and maintenance of the investment after a commitment by the company to immediately inform the Ministry of economy, energy and tourism in the event of termination of the relationship with the individual. "
5. In art. 40, para. 1:
a) in paragraph 1 the words "and 13" shall be replaced by "13 and 16," and after the words "art. 25 (b) "shall be inserted in the" 25 ";
(b)) in item 5, the words "and 8" are replaced by "8, 13 and 16;
in point 6) everywhere, the words "and 13" shall be replaced by "13 and 16.
§ 31. Pending administrative proceedings for the issue of a permanent residence permit on the basis of the cancelled item 7 of art. 25, para. 1 of the law on foreigners in the Republic of Bulgaria completed on the previous line.
§ 32. In the law on corporate income tax (official SG. 105 of 2006; amend., SG. 52, 108 and 110 since 2007, no. 69 and 106 since 2008, 32/35 and 95 of 2009, issue 94 from 2010, issue 19, 31, 35, 51, 77 and 99 from 2011 and 40/94 and by 2012) in art. 177, para. 3 Add "and by the procedure of art. 22 (e) of the investment promotion Act ".
§ 33. In the law on Bulgarian citizenship (official SG. 136 of 1998; amend. 41/2001, no. 54 of 2002, 109 and 52/2007, no. 74 and 82 from 2009, issue 33 of 2010 and no. 11 and 21 of 2012) make the following amendments and additions:
1. an art. 12 (a):
"Art. 12. A person who has obtained a permit for permanent residence on the grounds of art. 25, para. 1, item 6, item 8 and 13 in connection with art. 25 in, al. 2, item 2 or 3 and art. 25, para. 1, item 16 of the law on foreigners in the Republic of Bulgaria may acquire Bulgarian citizenship, if it meets the conditions under art. 12, items 1, 2, 3 and 4. "
2. an art. 14A:
"Art. 14A. (1) a person who is not a Bulgarian citizen and satisfies the conditions under art. 12, paragraphs 1 and 3 may acquire Bulgarian citizenship by naturalization if:
1. no more than one year is authorized for permanent residence in the Republic of Bulgaria pursuant to art. 25, para. 1, item 6 or 8 of the Aliens Act in the Republic of Bulgaria and devotes not less than 1 million. EUR in the capital of a Bulgarian company, which performs a priority investment project, certified under the investment promotion Act;
2. no more than one year is authorized for permanent residence in the Republic of Bulgaria pursuant to art. 25, para. 1, item 13 in conjunction with art. 25 in, al. 2, item 1 of the law on foreigners in the Republic of Bulgaria, in which underlying investments and put into service are supported above the de minimis threshold for the issue of a certificate of investment grade and under the investment promotion Act, which shall be certified by the Ministry of economy, energy and tourism.
(2) in the cases referred to in para. 1, item 2 the Bulgarian society should not: 1. is declared bankrupt or in open bankruptcy proceedings, or entered into an out-of-court settlement with his creditors within the meaning of art. 740 of the commercial law;
2. in winding-up proceedings;
3. has not fulfilled obligations to the State or a municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations;
4. There are unpaid wages to employees, established by entered into force criminal Decree.
(3) the inspection and control of all the circumstances and conditions at al. 1, item 2 shall be carried out on the basis of a certified by an auditor, registered under the law on independent financial audit, the annual financial statements and reports on the activities of the enterprise, reports by the National Revenue Agency, municipalities, and other relevant documents presented by the person referred to in paragraph 1. 1 or gathered by default. "
3. In art. 22, para. 1:
a in item 2) add "and/or";
b) item 3 shall be:
"3. There is no sustain investment, become the basis for acquiring Bulgarian citizenship, for at least two years from the date of naturalization – in the cases under art. 14 (a), para. 1. "
4. In art. 35:
a) in al. 1:
AA) a new item 5:
5. six months – the application for acquiring Bulgarian citizenship by naturalization under art. 12A and 14A; "
BB) the current item 5 becomes item 6;
(b)) in the Al. 3:
AA) a new item 4:
"4. in para. 1, item 5 – not later than 4 months before the expiry of the time limit, for the Ministry of the Interior, respectively, two months before the expiry of the period – the State Agency for national security; "
BB) the current item 4 becomes item 5 and in her words "item 5" shall be replaced by "6".
The law was adopted by 41-Otto National Assembly on 29 November 2012 and on 13 February 2013 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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