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Law No. 29 Of 22 December 1978 On Training, Planning, Destination And The Paying Of Benefits

Original Language Title:  LEGE nr. 29 din 22 decembrie 1978 privind formarea, planificarea, destinaţia şi vărsarea beneficiilor

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LEGE no. 29 29 of 22 December 1978 on the training, planning, destination and payment of benefits
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 114 114 of 27 December 1978



Under Article 57 of the Constitution of the Socialist Republic of Romania we sign and have to be published in the Official Bulletin of the Socialist Republic of Romania the Law on the formation, planning, destination and payment of benefits no. 29 29 of 22 December 1978. NICOLAE CEAUSESCU PRESIDENT THE SOCIALIST REPUBLIC OF ROMANIA Bucharest, December 26, 1978. The results of the work carried out in the economic units, the management of funds, the reduction of material expenses and the increase in labor productivity, the efforts made to continuously increase the newly created value are synthetically expressed in the benefits to be obtained by these units. The benefit characterizes the effectiveness of the work of the working people, the spirit of responsibility with which the national wealth is used, the funds entrusted by the society. He represents the basic resource for the formation of the economic-social development fund and the social consumption fund. Increasing the benefits as a result of an efficient economic activity and the good management of the material and money means ensure that each unit is able to contribute to the development of the society and the necessary means the establishment of own funds for self-financing, as well as for the coverage of expenses for social needs, within the framework of the general program of increasing the standard of living, established by the party and the state. The current regulations on how to train, plan, use and shed the benefits of economic units must be agreed with the measures established to improve management and economic-financial planning, measures aimed at lead to increasing the role and importance of the benefit in the achievement of the economic and financial self-management and the co-interest of the working people. It thus creates a perfected and unitary legal framework on the basis of which each collective of working people, as well as the governing bodies in socialist units to act with responsibility, competence and household spirit so that the results its activity is reflected in increasing profitability, in meeting and overcoming the benefits tasks. To this end, the Grand National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 The benefit, element of the newly created value, is the basic resource for the formation of the national economic and social development fund and the social consumption fund, in accordance with the requirements of achieving an efficient economic and social all sectors of activity, the achievement of enlarged socialist reproduction and the sustained development of the national economy. + Article 2 The State Planning Committee, the Ministry of Finance, the Ministries and the other central and local bodies shall be obliged, in the elaboration of the single national economic and social development plan and the state budget and in the course of the to ensure the necessary measures for the realization by each economic unit of an increased production, of high quality, with the lowest costs, the increase of labor productivity, the continuous reduction of the consumption of materials premiums, materials, fuels and energy, and on this basis obtaining benefits and Maximum profitability. + Article 3 Ministries and other central and local bodies must exercise an active role, so that each economic unit carries out a cost-effective activity, contributes through the benefits achieved in the formation of resources for the overall development of society and ensure the return to society of advanced funds, self-financing of its own development and the continuous increase of the incomes of the working people corresponding to the general program of increasing the standard of living established by the party and the stat. + Article 4 The economic units, the governing bodies, the working people of each economic unit have the duty to carry out their activity for the performance of the tasks provided for in the single national economic-social development plan and the state budget the conditions of a high economic efficiency, to manage the material and money means entrusted to them so that they obtain optimal financial results, to fully cover the expenses of their own income, to fulfill and to exceed the planned profitability and benefits. + Chapter 2 Formation and planning of benefits of socialist economic units + Article 5 The benefit is the part of the new value created in the productive activity of the economic units, constituted after the distribution of the following elements: the taking for the company of a part of the net production value; and other rights of it; research expenses and for the introduction of new technique; tax on the total retribution fund; contribution for social security; other expenses with living work. + Article 6 The economic units, their collective management bodies are obliged in accordance with the provisions of the single national economic and social development plan, to plan the benefits to take into account the full economic potential of which have and ensure: a) establishing the production in the physical structure corresponding to the internal and external market requirements, determined by economic contracts or firm orders; b) obtaining a maximum production from the production capacities and existing spaces, by using the most complete, intensive them, in accordance with the needs of the national economy, increasing the net production to 1,000 lei fixed funds; c) systematic increase in labor productivity and rationalization of labor consumption; employment norms and approved personnel regulations; judicious sizing of funds intended for labor retribution and economic use and the effectiveness of these funds; d) the classification in the norms and norms of consumption and stocks of raw materials, materials, fuels and energy approved and the systematic reduction of specific consumptions; e) superior valorisation of material resources, increased quality of products and services; f) reaching as soon as possible the parameters projected at the investment objectives; g) promotion of technical progress and application of scientific research results in order to modernize production; h) dimensioning to the necessary damage of general expenses and administrative-household expenses, within the approved norms and norms; i) the continuous reduction of production costs and circulation expenses, the maximum efficient management of material and money funds, the provision of a strict savings regime and the strengthening of the plan and financial discipline in all sectors of activity. + Article 7 (1) Achieving the level of benefits on products or groups of products, construction-assembly works, service and other activities, determined with the approval of production prices, deviz prices, tariffs for services provided and commercial rebates, is the minimum burden for each economic unit. ((2) When setting prices for new products, the level of the benefit shall be based on the requirements of economic policy, the level of costs and the need to ensure appropriate correlations between the prices of the various products. to express the relationship between their use values. (3) The profitability of the new products will be differentiated so as to ensure the stimulation of the realization of products with superior technical-functional characteristics, of high technicality, the reduction of consumptions gives raw materials, materials, fuels and energy, better use of fixed funds, greater increase in labour productivity and abstention, on this basis, of a higher efficiency, both in producer and beneficiary units. + Article 8 (1) The benefits of economic units are planned through the revenue and expenditure budgets, in accordance with the indicators and efficiency norms, established according to the law. (2) The volume of benefits per ministries and other central and local state bodies shall be approved with the state budget and accordingly shall be carried out on plants and enterprises. + Article 9 (1) The benefit of the economic units shall be determined by deducting from their financial results the collection for the company of a part of the net production value under the conditions established by the law, as well as the expenses provided in the Annex No. 1. (2) The financial results of each economic unit's activity represent the difference between the income and expenses of the plan period (3) The incomes and expenses of the plan period shall be determined according to the prices and tariffs in force, based on the indicators regarding: the production of the sold and collected goods, the construction-assembly works, the service supplies, the goods or other economic activities, production or circulation expenses, as well as other specific indicators. + Chapter 3 Destination of benefits of state economic units + Article 10 The benefits of state economic units are distributed for the return of funds received from the company, the general development of the company and for the constitution of the company's own funds, under the conditions provided by law. + Article 11 (. The planned benefits shall be distributed by undertakings to: a) the refund of funds received for the financing of investments, in a share of up to 10 percent of the benefits; distributions with this destination are made available to the superior hierarchical body, until full coverage of the restitution obligation and only to the extent that this obligation cannot be covered in the plan year from the depreciation of fixed funds, according to the law; b) the establishment of the economic development fund of the enterprise, within the limits of the annual provisions of the single national plan and the budget of revenue and expenditure on investments financed from own funds, as well as of the due rates of bank loans received to finance investments, including their interest; distributions with this destination are made only for the remaining part of the depreciation of fixed funds and other resources, under the conditions provided by law; c) the establishment of the fund of circulating means, within the limit of a quota of the planned annual increase of the total circulating means and the rates to be returned to the state budget from the amounts received by the new enterprises to cover the needs of circulating means in the first year of activity; the annual share of the planned increase of the total circulating means covered by the benefits is established with the single national plan of economic and social development and the state budget; d) the establishment of the fund for housing and other social investments, within the limits of the annual expenditure for these objectives set out in the single national plan and the revenue and expenditure budget and the due rates of bank loans received in addition, including their interest; distributions with this destination are made only for the remaining part not covered from the depreciation of fixed funds and other income, under the conditions provided by law; e) establishment of the fund for social actions, within the limits and conditions established by law; f) the establishment of the fund for participation of working people on benefits, within the limits and conditions established by law; g) other destinations provided by law; h) payments to the state budget, the amount left after the allocations from the letters a-g. ((. In undertakings to which the planned benefits do not fully cover the destinations referred to in points a-g, the distributions shall be made, in order, for: a) refund of funds received to finance investments; b) establishment of the fund for social actions c) establishment of the fund for participation of working people in benefits; d) establishment of the fund of circulating means e) the establishment of the fund for housing and other social investments; f) establishment of the economic development fund of the enterprise; g) other destinations provided by law. + Article 12 (. The benefits carried out over the plan shall be distributed by undertakings, as follows: a) a 20 percent share of the company's economic development fund; b) a 5 percent share of the housing and other social investment fund; c) a quota of up to 25 percent for the addition of the fund for participation of working people to benefits, established differentiated, under the law, in relation to the ways in which the benefit was exceeded; export is allocated, in addition, a quota of up to 10 percent of the benefit over the plan, under the law, in proportion to exceeding export; d) other destinations provided by law; e) a share of at least 35 percent as varsamint to the state budget. ((2) The resources referred to in points a) and b) shall be used for the reimbursement of the appropriations received in addition to those funds and for the financing of the investments established by the single national plan, of the nature of those provided for from these funds, before the other resources established by law. + Article 13 The plants allocate the planned and realized benefits under the plan, as well as the benefits over the plan from the component units with economic and financial self-management without legal personality, for the destinations and under the conditions provided by this law for enterprises. + Article 14 (1) In order to ensure the achievement of a high quality and technical production, as well as to increase the efficiency of export production, the benefit, namely the return on export production, will be differentiated, large, under the conditions provided by law. (2) The Fund for the participation of the working people on benefits shall be increased according to the production carried out on export in order to further stimulate the working staff who contribute to the production of this production. ((3) The manner of training and use of the benefits achieved at the production for export shall be established by decree of the State Council. (4) The economic units and the collectives of working people who carry out production for export also benefit from the other rights granted, according to the law, for the realization and exceeding of export. + Article 15 (1) The banks, the Savings and Consemnations House, the State Insurance Administration, the Loto-Pronosport State Administration, the security units allocate the benefits and carry out the peaks according to the specific norms set out in Annex no. 2, points I-VII. (2) At the state agricultural units, forestry, exploitation and transport enterprises, as well as at the railway units, insurance funds can be constituted from benefits, respectively to cover the expenses determined by the calamities nature, as set out in Annex no. 2, points VIII-X. + Chapter 4 Making payments from the benefits of state economic units + Article 16 ((1) Enterprises shall carry out the payments of the planned benefits at the disposal of the higher hierarchical body for the return of funds received for investments, to the economic development fund of the enterprise, to the construction fund of housing and other investments with a social character and to the state budget in the planned volume and at the deadlines established by this law. ((2) The findings from the planned benefits to the fund of the circulating means, the fund for social actions and the fund for participation of working people on benefits are carried out monthly, based on the benefit achieved. (3) The refund from the benefits to the state budget of the instalments on the amounts received by new enterprises for the coverage of the necessary means shall be made monthly, at the planned level, on the last working day of each month. (4) The amounts of benefits due to the state budget shall be made, depending on the subordination of the enterprises, to the Republican budget or to the local budgets. + Article 17 (1) The ages from benefits approved by quarters through the revenue and expenditure budget shall be broken down by 30 percent for the first month and 35 percent in the other two months. ((. The amounts set out on Monday, according to the preceding paragraph, shall be paid in two equal instalments, at 15 and on the last working day of each month. Where the 15th day is non-working, the payment shall be made on the following working day. + Article 18 ((1) The ages from the benefits realized within the plan at the disposal of the superior hierarchical organ for the return of funds received for investments, to the economic development fund of the enterprise, to the housing construction fund and other investments of a social nature and to the state budget, as well as those on the return of the rates provided for in Article 11 (1) (c), shall be recalculated and regularly adjusted, from the beginning of the year, on the basis of the benefits achieved. ((2) The recalculation and regularization of the payments shall be made quarterly. At the request of the economic units, the banking bodies may approve these monthly operations. (3) The differences due from the recalculation of the payments shall be paid within 10 days from the date provided by the law for the submission of the accounting balance sheets. (. The amounts paid in addition shall be compensated by the banks with the amounts due for the following period or shall be returned to the undertaking within 5 days of its application. + Article 19 ((1) In case of non-realization of the benefits at the planned level, the payments to the state budget and the amounts for the refund of funds received for the financing of investments shall be made as a priority, within the limits The remaining benefit shall be allocated to the other destinations in the order provided for in Article 11 (2). (2) At the units of production, transmission and distribution of electricity and heat, garmetan and at the enterprises that produce flour, bread and corn at which, according to the legal provisions, the plan indicators of the holders are considered fulfilled if the requirements of the beneficiaries have been met; the unrealized benefits due to the non-delivery of the saved quantities do not affect the establishment of the fund for the participation of the working people on benefits, approved by the revenue and expenditure budget, provided that the fuel consumption, energy, raw materials are included in the fuel consumption and materials. The fund for participation of working people on benefits thus constituted is distributed from the benefits made before the other destinations. + Article 20 (1) The ages from the benefits over the plan to the state budget shall be made provisionally on a quarterly basis, based on the accounting balance sheets. ((2) The ages from the benefits over the plan to the economic development fund of the enterprise and to the housing and other social investment fund, as well as the procurement for the supplementation of the participation fund of people's work on benefits is carried out on the basis of annual accounting balances. + Article 21 (1) At the economic units in the power and thermal energy branch, the benefits are distributed and poured through the industrial plants, and at the mail and telecommunications units through the General Directorate of Posts and Telecommunications. ((2) The amounts to the state budget from the benefits due by the county forestry inspectorates shall be made monthly, on the last working day of the month, and those due from the activity of mail and telecommunications shall be made monthly, up to 25 of the month next. The peaks to the state budget, set on Monday, due by industrial plants for economic units in the power and thermal energy branch are carried out at 20 of the current month and at 5 of the following month; the last rate in December spills until 31 December. (3) The ages to the state budget from the benefits owed by the railway units shall be carried out through the Department of Railways. + Article 22 (1) The ages to the state budget from the benefits due by the state agricultural enterprises and the resorts for the mechanization of agriculture shall be carried out quarterly, within 10 days from the date provided by law for the submission of balance sheets accounting, except as provided for in the revenue and expenditure budgets for the fourth quarter, which shall be made on the last working day of that year. (2) The ages to the state budget from the benefits due by the scientific research units, as well as the research and design ones shall be carried out on the last working day of each quarter. + Article 23 (1) The non-payment of the benefits due to the state budget at the legal deadlines shall attract the payment of an increase of 0.05 percent on the amounts due, for each day of delay. ((2) The amounts representing the late increases shall be paid to the republican or local budget, depending on the subordination of the unit. + Chapter 5 Training, planning and destination of benefits in agricultural, craft and consumer cooperation + Article 24 The units of agricultural, craft and consumer cooperation have the duty to organize the activity on economic and high efficiency criteria, to fully cover the expenses of their own income, to obtain benefits and to apply the provisions of this laws in their entire economic and financial activity, under the conditions of the cooperative property and the specificity of the activity carried out. + Section 1 Agricultural production cooperatives, intercooperative economic associations and associations of agricultural production cooperatives with state units or consumer cooperatives + Article 25 (1) Agricultural production cooperatives, management boards, all cooperators have the obligation to make full and efficient use of the land fund and the other means of production, to continuously increase plant and animal production. (2) It must also develop industrial activities and service provision for use throughout the year of the workforce, to carefully manage material and financial means, to reduce production expenses, in particular. the materials, in order to fully cover the expenses from their own income, increase the economic efficiency, net production and obtain benefits as much as possible + Article 26 (1) The permanent increase of net production is the main source of the development of public property and the lifting of the cooperative's living standards. (2) Net production is the newly created value and is determined as the difference between the overall production and the related material expenditure. + Article 27 (1) The fixed assets and other production funds are part of the obsteasca, indivisible property of the agricultural production cooperative. (2) The cooperative members may hold part of the value of the public property as a social part; for this purpose each cooperator may submit annually a sum of money, to the development fund of the cooperative, which constitutes the social part in its property. (3) The social part resulting from the totality of the depositors of the cooperative members for the development of the cooperative cannot exceed 50 percent of the value of the public property. + Article 28 In agricultural production cooperatives the benefit is part of the newly created value and synthetically expresses the results of economic activity. The benefit is constituted after the distribution, from the net production, of the following elements: retribution of work and contribution to the pension and social insurance fund in relation to the production and income obtained by cooperatives, land tax, on the retribution fund and the revenues from the industrial activities, insurance premiums as well as the expenditure set out in Annex no. 1. + Article 29 ((. The benefit of the agricultural production cooperative shall be allocated to: a) the economic development fund; b) the fund of circulating means; c) social-cultural and sports fund; d) the reserve fund for production and retribution of work; e) the intercooperative fund of aid and consolidation; f) the fund to participate in the benefits of cooperators and other working people; g) the fund to participate in benefits for the social part, constituted by the money deposits of the cooperators. (2) The establishment, amount, destination and use of these funds shall be established, according to the law, by the Statute of the Agricultural Production Cooperative + Article 30 (1) Agricultural production cooperatives have the duty to carry out a profitable activity which allows them to allocate, for the benefit of the economic development fund, each year, to the economic development fund, for the benefit of the economic development fund. the large-scale resumption of the production process. (2) The economic development fund of agricultural production cooperatives is constituted by: a) the amounts allocated annually from the realized benefits, the depreciation rates of fixed funds and other sources, according to the law; b) cash deposits of cooperative members at the social side. ((3) The funds resulting from the cash deposits of the cooperative members on the social side will be used, based on the decision of the general meeting of the cooperative, only for productive investments, intended for the development of public wealth, leading to the continued growth of production and benefits of the cooperative. + Article 31 (1) Each cooperator shall have the right, in relation to the deposits in money at the social part, to receive from the benefit of the agricultural production cooperative an annual income of 6 percent, calculated at the total size of the amount deposited. In case of exceeding the planned benefit, the annual income can be 6 to 8 percent, calculated at the total amount of the amount deposited, depending on the volume of benefits and the profitability obtained. In case of non-realization of the planned benefit, the cooperators are guaranteed an annual income of 5 percent, in relation to the amount submitted to the social part. (2) The cash deposits of the cooperative members at the social part shall be made for a period of at least 5 years. After this period, the amounts submitted may be returned, on request, in full or in a staggered manner, for a period of 2-5 years, in relation to the financial possibilities of the cooperative. The full refund of the deposited amounts is guaranteed. (3) In the case of retirement, cooperative members may maintain their social part and will continue to participate in benefits in relation to its size. (4) The travesty of the social part, representing the amounts deposited by the cooperative members at the social part, may be endowed by inheritance, under the conditions provided by law. ((5) The conditions under which the cooperative members can make the contribution in money to the social part, the way of participation in benefits in relation to its size, as well as the restitution of the amounts deposited, shall be established by the Statute of the Agricultural Cooperative production. + Article 32 Mechanizers and agricultural specialists working in agricultural production cooperatives can submit annually a sum of money to the cooperative development fund, under the same conditions and benefit from the same rights as cooperative members. + Article 33 ((1) The benefit in the intercooperative economic associations shall be determined as the difference between the proceeds from the valorization of the production obtained, the provision of services, other income and the related production expenses, as well as the expenses incurred directly from the financial results listed in Annex no. 1. (. The beneficiary shall be assigned to: a) the economic development fund; b) the fund of circulating means; c) the fund for participation of working people in benefits; d) the aid and reserve fund; e) social-cultural and sports fund; f) quotas-due to the associated cooperatives. (3) The establishment, amount, destination and use of funds shall be established according to the Statute of the Intercooperative Economic Association. + Article 34 (1) The benefit in the associations of agricultural cooperatives of production with state units or of consumer cooperation shall be determined as the difference between the proceeds from the valorization of the obtained production, service supplies, other incomes and expenses of the related production, as well as the expenditure incurred directly from the financial results set out in Annex no. 1. (. The beneficiary shall be assigned to: a) the economic development fund; b) the fund of circulating means; c) reserve fund; d) insurance fund; e) the fund for participation of working people in benefits; f) quotas-parts due to the associated units. (3) The establishment, the amount, the destination and the use of the funds shall be established according to the Statute of cooperation and association of agricultural cooperatives of production with state units or of consumer cooperation. + Section 2 Handicraft cooperatives and enterprises organized by the unions of handicraft cooperatives + Article 35 The benefit of the handicraft cooperatives is determined as the difference between the proceeds from the production activity, the service provision and other economic activities and their related expenses, as well as the expenses that are directly incurred from financial results set out in Annex no. 1. + Article 36 (1) The fixed assets and other production funds are part of the obsteasca, indivisible property of the handicraft cooperative. (2) Cooperative members may hold part of the value of the public property as a social part. To this end, each cooperator may submit annually a sum of money to the cooperative's development fund, which constitutes the social part in its property. (3) The social part resulting from the totality of the depositors of the cooperative members for the development of the cooperative cannot exceed 50 percent of the value of the public property. + Article 37 The benefit of craft cooperatives established as the difference between the revenue and expenditure referred to in Article 35 shall be allocated to: A. Income tax, established according to the law, as a contribution of handicraft cooperatives to the general development of society. B. Establishment of the own funds of the handicraft cooperatives: a) the economic development fund; b) the fund of circulating means; e) the fund for housing and other social investments; d) the fund to participate in the benefits, after the work done and the seniority in the unit, of the cooperative members and of the staff assigned to the employment contract; e) the fund for social actions. C. Establishment of funds specific to handicraft cooperatives: a) the fund to participate in benefits for the social part constituted by the money deposits of the cooperators; b) funds for the financing of actions specific to invalids and blind persons; e) funds for cultural and sports actions; d) other funds provided in the statute, according to the law + Article 38 (1) Each cooperator has the right to receive, in relation to the money deposits at the social part, the benefits obtained by the cooperative unit in which he operates, an annual income of 6 percent, calculated at the total amount of the amount filed. In case of exceeding the planned benefit, the annual income can be 6 to 8 percent, calculated at the total amount of the amount deposited, depending on the volume of benefits and the profitability obtained. In case of non-realization of the planned benefit, the cooperators are guaranteed an annual income of 5 percent in relation to the amount deposited at the social part. (2) The cooperators ' submissions to the social part shall be made for a period of at least 5 years. After this period, the amounts submitted may be returned, on request, in full or in a staggered manner, for a period of 2-5 years, in relation to the financial possibilities of the cooperative. The full refund of the deposited amounts is guaranteed. (3) In the case of pensioners, cooperators can maintain their social part and will continue to participate in benefits in relation to its size. (4) The travesty of the social part, representing the amounts deposited by the cooperative members at the social part, may be endowed by inheritance, under the law. (5) The conditions under which the cooperative members can make the contribution in money to the social part, the way of participation in benefits in relation to its size, as well as the restitution of the amounts deposited, shall be established by the status of the handicraft cooperative. + Article 39 The benefits from the own activity of the unions of handicraft cooperatives, as well as those of organized enterprises, according to the law, are determined according to the provisions of art. 35 and is assigned for the payment of income tax, as well as for the establishment of the funds provided in art. 37 37 points B and C (a and d). + Article 40 The way of establishment and use of funds is established by the Statute of the unions of handicraft cooperatives in the Socialist Republic of Romania and the status-model of the handicraft cooperative and the invalids cooperative. + Section 3 Consumer cooperatives, enterprises and plants organized by the unions of consumer cooperatives + Article 41 The benefit of consumer cooperatives is determined as the difference between the proceeds from the sale of goods, purchases, services and other economic activities and expenses related to these activities, as well as the expenses what is directly borne from the financial results set out in Annex no. 1. + Article 42 The benefit, established as the difference between the income and the expenses provided for in the previous article, shall be distributed A. Income tax, established according to the law, as a contribution of consumer cooperatives to the general development of society. B. Establishment of own funds of consumer cooperatives: a) the economic development fund; b) the fund of circulating means; c) the fund for housing and other social investments; d) the fund to participate in the benefits of personnel with employment contract; e) the fund for social actions. C. Establishment of funds specific to consumer cooperatives: a) the fund to participate in benefits for the social part constituted by the money deposits of the cooperators; b) the fund for cultural and sports actions; c) other funds provided in the statute, according to the law + Article 43 The conditions under which the cooperative members can make the contribution in money to the social part, the way of participation in benefits, in relation to its size, as well as the restitution of the amounts deposited, shall be established by the Statute of the organizations of the consumption, in compliance with the provisions of Articles 36 and 38 of this Law. + Article 44 The benefits from the own activity of the unions of consumer cooperatives, as well as those of enterprises and plants organized, according to the law, besides these are determined according to the provisions of Article 41 and are distributed for payment income tax, as well as for the establishment of the funds provided for in points B and C (c) of Article 42. + Article 45 The establishment and use of funds from the benefits of consumer cooperatives and their unions shall be established by the Statute of the Consumer Cooperation Organizations. + Section 4 Small individual craftsmen + Article 46 Small individual craftsmen and persons exercising economic activities have the obligation to carry out a useful and efficient activity, which contributes to the satisfaction of the increasing requirements of the population in terms of the provision of services, execution of works or other activities for which they were authorized, according to the law. + Article 47 The benefit obtained by small individual craftsmen and other persons exercising economic activities under the law represents the difference between the revenues received, according to the prices and tariffs in force and the necessary expenses. + Article 48 The small individual craftsmen and the other persons exercising economic activities owe income tax, established according to the law, as a contribution of them to the general development of the society. + Section 5 Tasks for the Ministry of Finance and banking + Article 49 The Ministry of Finance and banks have the obligation to ensure compliance with the laws in the economic and financial activity of the units of agricultural, craft and consumer cooperation, to act permanently to take measures regarding the fulfilment of tasks of the plan, saving social work, judicious management of material and money means, maintaining financial balance, verifying the determination of the benefit and setting up funds, under the law, and making the full and the term of payments due to the state. + Chapter 6 Duties and responsibilities regarding the formation, planning, destination and payment of benefits of socialist economic units + Article 50 (1) Economic units, their collective management bodies shall be responsible for judicious sizing and enrolment in revenue and benefit expenditure budgets, in accordance with the provisions of this Law, to ensure the carrying out the planned benefits, making the payments and the sampling time and for rigorous compliance with the financial discipline and the plan. (2) The working people of economic units have the obligation to contribute to the judicious and efficient management of the goods entrusted to them for administration, to participate in the debate and to solve the problems related to sizing and the achievement of the benefits, as well as the development and implementation of the necessary measures to fulfil the benefit burden, the indicators and the established efficiency norms. (3) The collective management bodies of the socialist economic units are obliged to submit to the general meetings of the working people the periodical analysis of the implementation of the revenue and expenditure budget, of the benefit, indicators and efficiency normatives, the management of material and monetary values and organizational and technical measures for the performance of their tasks. + Article 51 The plants, ministries, other central and local bodies will take measures for the economic units in order to ensure the maximum use of material and monetary funds, the rational organization of supply, production and undoing, judicious sizing and full realization of benefits tasks and framing in efficiency indicators and norms. + Article 52 The Ministry of Finance acts permanently for the continuous growth of economic efficiency in the national economy, directs and controls the establishment by economic units through the revenue and expenditure budgets of the benefits tasks. It also takes or proposes measures for the rhythmic performance of the plan tasks, for the collection of state revenues, as well as for the strengthening of control over the use of material and monetary funds; or the exemption gives the payment of the increases in late payments on the benefits. + Article 53 The Ministry of Finance, together with the State Planning Committee, the Central Statistics Directorate, the State Committee on Prices, the banks, the other central synthesis bodies, the ministries, the other central and local bodies systematically analyse, on the basis of accounting balances, benefits, other indicators and normative efficiency realized, on the whole economy, on branches and sectors of activity and take or propose, as the case may be, measures to improve the eeonomic-financial situation of socialist economic units. + Article 54 Banks, under their obligations to act in the economy to achieve high efficiency, have the task to pursue and determine measures for the full and timely collection of state revenues from benefits, analyse at enterprises the causes of unrealisation of planned benefits, exercise rigorous control over the fulfilment of production, circulation and service plans and determine measures to ensure achievement and overreach planned benefits. + Chapter 7 Final and transitional provisions + Article 55 Training, planning, destination and payment of benefits from activities and economic units producing income organized by state institutions, production activities and service provision organized by the popular councils communal, the activity of the canteens-restaurant for the working staff, as well as the use of the benefits of the state economic units for equipping the sanitary formations of the Red Cross Society, is carried out according to + Article 56 Fines and penalties that are not due to a person's guilt, insofar as they are not covered by those collected with the same title, shall be borne, under the law, from the benefits left at the disposal of economic units, as well as from other resources. + Article 57 The operations of recalculation and regularization of payments from the benefits of 1978 will be carried out on the basis of the accounting balances concluded on December 31, 1978, according to the existing legal provisions until the entry into force of this law. + Article 58 Violation of the provisions of this law attracts disciplinary, administrative or criminal liability, as appropriate, as well as civil or material. + Article 59 Annexes no. 1-3 are an integral part of this law. + Article 60 ((. This Law shall enter into force on 1 January 1979, with the exception of Section 1 of Chapter V, which shall enter into force on 1 January 1980. (. On the same date, the normative acts set out in Annex no. 3 3, as well as any other provisions to the contrary. This law was passed by the Grand National Assembly at its meeting on December 22, 1978. President The Great National Assembly NICOLAE GIOSAN + Annex 1 EXPENDITURE which shall be borne directly from the financial results of the socialist economic units A. At state economic units a) Depreciation and expenses for repairs of buildings and other fixed funds for free use of professional schools and public organizations operating under these; b) Expenditure on training of staff and practice in production; c) Fee for the use of state-owned land; d) The monetary contribution for carrying out works of public interest, according to Law no. 20/1971 , republished in 1973; e) The commission paid to foreign trade enterprises for export on the basis of a commission contract; f) Protocol expenses, to the units that carry out such expenses, according to the legal provisions; g) Other expenses provided by law. B. At agricultural production cooperatives a) The aid fund; b) Expenditure on training of staff and practice in production; c) The monetary contribution for carrying out works of public interest, according to Law no. 20/1971 , republished in 1973; d) Any non-imputable, uncovered losses from previous years; e) Other expenses provided by law. C. At intercooperative economic associations and associations between agricultural production cooperatives and state units or consumer cooperatives a) Expenditure on training of staff and practice in production; b) The monetary contribution for carrying out works of public interest, according to Law no. 20/1971 , republished in 1973; c) Cotizations to the National Union of Agricultural Cooperatives of Production; d) Other expenses provided by law. D. At craft cooperatives, consumer cooperatives, county unions and their central unions and, at enterprises and plants under the unions of cooperatives. a) Depreciation and expenses for repairs of buildings and other fixed funds for free use of professional schools and public organizations operating under these; b) Expenditure on training of staff and practice in production; c) Fee for using their land state property; d) The monetary contribution for carrying out works of public interest, according to Law no. 20/1971 , republished in 1973; e) The commission paid to foreign trade enterprises for export on the basis of a commission contract; f) Protocol expenses to the units that carry out such expenses according to the legal provisions; g) Allowance for children; h) Any non-imputable, uncovered losses from previous years; i) Other expenses provided by law. + Annex 2 NORME specific allocation of benefits I. Benefits of the National Bank of the Socialist Republic of Romania, the Bank for Agriculture and Food Industry, the Romanian Foreign Trade Bank and the remaining Investment Bank after providing resources to finance the investments provided for in the single national plan, not covered by the depreciation, shall be distributed in equal proportions for the establishment of the reserve funds of the banks and the state budget. II. The benefits of the remaining House of Savings and Consemnations after securing the resources for financing the investments provided for in the single national plan, not covered by the depreciation, shall be distributed as follows a) to the budgets of the counties and the city of Bucharest, in a share of 30 percent; b) to the reserve fund, in a quota of 30 percent; c) to the state budget, in a share of 40 percent. III. After completing the reserve funds referred to in points I and II, within the limits set by the approved statutes, the part of the benefit intended for them shall be paid to the Republican IV. The difference between the income and expenses of the State Insurance Administration remaining after securing the resources to finance the investments provided for in the single national plan, not covered by the depreciation, and after the support from the financial results of other expenses provided by law, shall be distributed according to its statute. V. The benefits of the State Administration Lotto-Prono-Sport are distributed as follows: A. Planned benefits a) Benefits from the pronosport and pronoexpress systems, at the National Council for Physical Education and Sport, for the maintenance and development of the physical education and sports activity; b) Benefits from lottery systems, as well as those from other activities, left after the establishment of the prize fund, under the law and the provision of resources for the financing of investments provided for in the single national plan, not covered by amortization, is distributed to the Republican budget. B. Benefits over the plan a) Benefits from the Pronosport and pronoexpress system, at the National Council for Physical Education and Sport; b) The benefits from the lottery system, as well as from other activities, after the addition of the prize fund, under the law, shall be distributed to the Republican budget. VI. (1) The planned benefits of security bodies, which work according to Decree no. 231/1974 on the security of goods, remaining after the retention of a quota of up to 20 percent in order to establish the compensation fund, as well as the benefits over the plan, shall be distributed according to the provisions of this law (2) The socialist units subordinated to the executive committees of the county folk councils and of the city of Bucharest, within which detachments or independent security groups operate, will retain a quota of up to 20 percent of the benefits planned from their activity, in order to establish the compensation fund. The planned benefits remaining after the retention of this quota follow the distribution of the units in addition to which ((3) The share of up to 20 percent of the benefits of the security units shall be established annually, with the adoption of the single national plan and the state budget, depending on the compensation needs and the non-summed fund of the previous years. VII. The units provided for in this Article shall carry out the benefits of the budget as follows: a) Loto-Pronosport State Administration, monthly, up to 25 of the following month; b) The State Insurance Administration carries out the payments to the Republican budget on the last working day of each month in the proportion of one third of the amounts planned quarterly, and to the local budgets up to the 15th of each month, on the basis of premiums made in the previous month; c) Banks, House of Savings and Consemnations, quarterly, within 10 days from the date provided for the submission of the statement of income and expenses, except for the color planned for the fourth quarter, which shall be made on the last day working of the year. VIII. The state agricultural units allocate, as a priority to the other destinations, at the disposal of the superior hierarchical organ a quota of up to 40 percent of the realized benefits, established annually with the state budget, for the establishment of a fund of insurance in order to cover, according to the law, the damage caused by the negative action of natural factors in subordinate enterprises that have been such damage. IX. (1) The logging and transport undertakings shall allocate, as a matter of priority, to the other destinations, at the disposal of the Ministry of Forestry and Construction Materials, from the benefits realized under the plan, the amounts necessary to establish the fund to cover the expenses caused by the calamities of nature, within the limit of 60 million lei. (2) The Fund shall be used to cover the following expenditure in the subordinate economic units: a) expenses occasioned with the restoration of fixed funds used in forestry operations for the purpose-approaching and transport of wood material, damaged or destroyed by natural agents, for works whose value exceeds 15,000 lei for each damaged fixed fund; b) additional expenses for the removal of calamities; c) the material damage resulting from the destruction of the near-close installations and material elements of the nature of the circulating means, as an effect of calamities. X. (1) The regional railway directorates shall allocate, as a matter of priority to the other destinations, to the Ministry of Transport and Telecommunications, from the benefits realized under the plan, the amounts necessary for the establishment of the fund to cover the expenses caused by the calamities of nature, within the limit of 15 million lei. (2) The Fund shall be used for the coverage of the railway units under-order of expenditure on the restoration of: lines, bridges and tunnels, telecommunication facilities, buildings endowed with safety-related installations traffic, other necessary works related to traffic safety. XI. At commercial enterprises the fund for price reductions and expenses with the refurbishment or transformation of some serviceable goods is, according to the law, from benefits before any other distribution. + Annex 3 LIST normative acts to be repealed 1. Decree no. 371 on the organization and functioning of the House of Savings and Consemnations of the Socialist Republic of Romania, published in the Official Bulletin no. 32 32 of 19 August 1958, Article 13 of the Statute. 2. Decree no. 504 on the approval of the Statute of the National Bank of the Socialist Republic of Romania, published in the Official Bulletin no. 143 143 of 16 December 1970, Article 11 of the Statute. 3. Decree no. 55 on the organization and functioning of the Bank for Agriculture and Food Industry, published in the Official Bulletin no. 21 of 18 March 1970 and republished in the Official Bulletin no. 73 73 of 10 June 1971, Article 8 of the Statute. 4. Decree no. 225 225 on the organization and functioning of the Investment Bank, published in the Official Bulletin no. 23 23 of 18 March 1970, as amended by Decree no. 314/1971 , Article 65 of the Statute. 5. Decree of the State Council no. 53 on some measures regarding the improvement of milling, decorticated and bakery activity, published in the Official Bulletin no. 20 20 of 15 March 1977, Article 10, paragraph 2. 6. Decree of the State Council no. 220 on the passage of units with industrial production activity subordinated to the county folk councils and the city of Bucharest, subordinated to enterprises, industrial plants and units assimilated to them, under the guidance and control of some ministries of other central state bodies, published in the Official Bulletin no. 73 73 of 19 July 1977, Article 10. 7. Decree of the State Council no. 495 on the regime of fines and penalties to be borne by state enterprises, published in the Official Bulletin no. 141 141 of 30 December 1977. 8. Decision of the Council of Ministers no. 2930 2930 of 1 December 1967 on the organisation and functioning of state agricultural enterprises. 9. Decision of the Council of Ministers no. 1485 on the approval of the Statute and the organizational structure of the Romanian Foreign Trade Bank, published in the Official Bulletin no. 92 92 of 11 June 1968, Article 7 of the Statute. 10. Decision of the Council of Ministers no. 847 847 of 24 April 1969 amending art. 1, letter b), of the Decision of the Council of Ministers no. 30 30 of 23 January 1961 and art. IX of the Decision of the Council of Ministers no. 585 585 of 28 March 1969 as well as the work plan and retribution for 1969 of the Ministry of Forestry and Construction Materials. 11. Decision of the Council of Ministers no. 2256 on the granting of loans to the population for personal property by the House of Savings and Consemnations and the establishment of the level of interest in some categories of credit operations, published in the Official Bulletin no. 138 138 of 8 December 1969, Article 8. 12. Decision of the Council of Ministers no. 77 on the application of the contractual system in the scientific research activity, published in the Official Bulletin no. 13 13 of 4 March 1970, Articles 7 and 8, point I and II of Annex no. 3. 13. Decision of the Council of Ministers no. 859 on the planning, distribution and payment of benefits, financing of circulating means, financing and lending of investments, published in the Official Bulletin no. 71 71 of 27 June 1970. 14. Decision of the Council of Ministers no. 330 330 of 30 March 1971 on certain measures regarding the organization and functioning of the Ministry of Tourism, Article 1, para. 5. 15. Decision of the Council of Ministers no. 652 on planning, financing and lending of circulating means, distribution and payment of benefits, financing of investments in enterprises for the mechanization of agriculture, as well as some measures for their operation, published in the Official Bulletin no. 10 10 of 5 June 1971, with the exception of Articles 15 -17, 21-23, 26. 16. Decision of the Council of Ministers no. 94 94 of 28 January 1972 on the establishment of a fund to cover expenditure related to the restoration of fixed funds damaged by natural agents in the railway sector. 17. Decision of the Council of Ministers no. 1482 1482 of 11 December 1972 on the application Law no. 12/1972 for the adoption of the state budget for 1973. ------------