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Law No. 3 Of 6 July 1979 Amending And Completing The Law On Economic Contracts, No. 71/1969

Original Language Title:  LEGE nr. 3 din 6 iulie 1979 pentru modificarea şi completarea Legii contractelor economice, nr. 71/1969

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LEGE No. 3 of 6 July 1979 to amend and supplement Law of economic contracts, no. 71/1969
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 60 of 14 July 1979



The Great National Assembly of the Socialist Republic of Romania adopts this law. + Article I Economic Contract Law, no. 71/1969 , republished in the Official Bulletin of the Socialist Republic of Romania no. 120 of 6 August 1973, is amended and supplemented, with the following contents: + LAW OF ECONOMIC CONTRACTS Strengthening the self-management of workers and the economic and financial self-management of each socialist unit, within the unitary leadership of the entire economic activity through the single national economic and social development plan, requires improvement continue the contractual relations, in order to stimulate the growth of economic efficiency, to broaden the exchanges of products, works and services, as well as to substantiate, realize and overcome the tasks of the plan. Ensuring the plan and contractual discipline makes it necessary for all organizational steps to act firmly for full compliance with obligations regarding the conclusion and execution of economic contracts, reduction of supply durations -manufacturing-outlet and acceleration of the rotational speed of the circulating means, the maximum use of materials and money funds. In the field of foreign trade activity, the system of economic contracts must ensure the intensification of foreign trade activity and international economic cooperation, of the economic exchanges of our country with other countries. The application of the new economic-financial mechanism and the continuous improvement of economic contracts, strengthening their role in the foundation and realization of the plan tasks, must lead to increased co-interest and liability of the units socialist, the collective of working people and the collective management bodies, for the efficient management of the part of the national wealth entrusted to them for administration, in order to satisfy the requirements of the national economy. + Chapter 1 Basic principles + Article 1 The economic contract is intended to regulate the production in the quantities, quality and deadlines established, as well as the financial relations between the socialist units, in compliance with the costs and other economic indicators and financial, in accordance with the provisions of the single national plan, in order to achieve the objectives for economic and social development and to satisfy the requirements of export activity and international economic cooperation. The mutual production and financial relations between the socialist units established by the economic contracts must ensure the performance of the tasks and objectives of the respective units for the superior valorisation of all resources materials and labour, the maximum use of production capacities, the quality of the entire economic activity. Through its content and functions, the economic contract constitutes a basic instrument in the activity of planning and carrying out the provisions enshrined in the single national economic and social development plan. + Article 2 The internal economic contract, on the delivery of products, the execution of works and the provision of services between the socialist units, must ensure the foundation and achievement of the objectives and tasks of the single national development plan economic and social, according to the directives of the Romanian Communist Party of Economic and Social Development of the country. + Article 3 The external contract, between socialist units and foreign partners, must ensure the use of advantages of participation in the international division of labor, the expansion of foreign exchanges and economic cooperation in production, foundation and the implementation of the external trade plan, given the continuous growth of the technical and economic potential of the Socialist Republic of Romania, in strict observance of the principles of national sovereignty and independence, equality of rights and mutual benefit, non-interference in internal affairs. + Article 4 The internal economic contracts between the socialist units will be concluded on the basis of the tasks set out in the five-year plan, before the start of its execution, in which the socialist units are a) to ensure full contracting of the production established by the five-year plan, based on the order portfolio, the plan normatives and in accordance with the destinations in the product balances; b) to conclude long-term contracts, on the basis of development guidelines and forecasts for the national economy, in particular for basic raw materials, machinery, machinery and long-cycle manufacturing facilities; c) to conclude contracts for the objectives of scientific research, technological development and the introduction of technical progress for the entire period of the achievement cycle, from the initiation of the works to the assimilation of the results in production. At the time of updating, according to the law, the annual plan by decree of the State Council, the plan tasks must be based on firm contracts, practically in full for domestic consumption. Based on the updated plan provisions, the ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, the plants and enterprises will take the necessary measures to finalize contracting and ensuring all conditions in order to carry out the tasks established. + Article 5 External contracts will be concluded in accordance with the objectives and tasks set out in the five-year plan Contractual relations with foreign partners will thus be established, at the date of approval, the provisions of the annual plans relating to production for export, the necessary imports, as well as cooperation actions, to be substantiated by firm contracts, framework contracts, orders or conventions, to ensure the certainty of the production and technical-material supply. To this end, socialist units are obliged: a) to conclude long-term contracts, taking into account the development guidelines and forecasts of the national economy and the cooperation agreements with other countries for deliveries in the framework of international cooperation actions and in particular for cooperation in production, for products intended for export, machinery, machinery and long-cycle plants, as well as for imports of the main raw materials; b) to ensure in advance the technical-commercial offers necessary for the superior valorisation and diversification of production for export on a contractual basis, depending on the requirements of the external market; c) ensure continuity relations with foreign partners, fair, mutually beneficial exchanges, related import-export actions, promotion of new, efficient forms of trade and cooperation. + Article 6 At the conclusion of external contracts and in the development of international trade relations, it will be aimed at ensuring a balance by countries, groups of countries and geographical areas, between imports and exports, within the general balance provided by the plan, the provisions of the approved external payment balance. Production for export, export performance, as well as cooperation actions, must thus be achieved to ensure the necessary resources for imports and increase of the state's foreign currency reserves, to lead to continuous improvement of the economic efficiency, profitability and benefits of the manufacturing and foreign trade unit, the increase of national income and, on this basis, the consolidation of the purchasing power of the national currency, both internally and in relation to other currencies. + Article 7 Socialist units are obliged to ensure, for long periods, the portfolio of orders, consisting of the totality of orders of beneficiaries and internal and external contracts, for the disposal of production, leading to the use integral and with maximum efficiency of production capacities. Domestic and foreign contracts for the supply of raw materials and materials end over long periods, according to the directions of development in the perspective of the national economy. + Article 8 Within the activity of establishing the order portfolio the socialist units have the obligation: a) to study thoroughly and to resolve as producer the demands of internal and external market consumers, so that capacity development and production structure correspond to the concrete needs of the economy; b) to conclude contracts, within their manufacturing profile, for all products ordered by beneficiaries in the structure and assortment corresponding to the plan tasks, in order to satisfy the requirements of domestic consumption and export; c) to make proposals, according to the law, if it is not ensured the disposal of some products, for the realization with the respective production capacities of the products requested by the beneficiaries, especially for export; d) take measures to continuously modernise products for domestic consumption and export, for the manufacture of goods to capitalise on raw materials, at a high and competitive technical level, with reduced production costs. It is prohibited to launch in manufacturing products that have not ensured undoing through contracts or firm orders for domestic consumption or on the foreign market. Under the law, it will be possible to introduce in manufacturing goods subject to stock exchange transactions and tenders, as well as other goods justified by external market requests, on the basis of the contract concluded with the foreign trade enterprise, prior to the external contract. + Article 9 In the execution of economic contracts, the socialist units, the bodies subordinated to them, are responsible for strengthening the plan and contractual discipline, in full compliance with the obligations assumed by the contracts, supply-manufacturing-sale and acceleration of the rotational speed of the circulating means, by the maximum efficiency of the material and money funds. + Article 10 The ministries, the other central and local bodies, the plants under which the supplier and beneficiary units are located are responsible for the conclusion and pursuit of the execution of economic contracts, in accordance with the provisions of this law. The collective management bodies of the socialist units have the obligation to take all necessary measures for the conclusion and execution of economic contracts, in order to carry out the plan tasks. The directors and, in relation to their duties, the working staff of the unit shall be directly responsible for the conclusion of the contracts and the fulfilment of their obligations. + Article 11 Ministry of Technical-Materials and Control of Fixed Funds Management together with ministries, other central bodies, plants and balance coordinators are responsible for organizing and tracking, at the level of the national economy, the activity of conclusion and execution of economic contracts for the disposal of domestic production and the provision of technical-material supply, within the framework of the general balance established by the plan. + Article 12 The manufacturing economic units, the plants, the foreign trade enterprises, the ministries and the other central bodies with export duties shall be responsible for ensuring that the export commodity is provided with priority, that exports are carried out under conditions. of high quality, with rigorous compliance with the conditions and deadlines set out in the external contracts, as well as the full and timely collection of foreign currency rights partners. + Article 13 The Ministry of Foreign Trade and International Economic Cooperation, ministries, plants and manufacturing enterprises will act to substantiate and prepare in optimal conditions the foreign trade plan, for the establishment of relations of international economic cooperation and in particular cooperation in production with companies and firms in other countries and are responsible for securing contracts for as long as possible, by which to achieve a balance between imports and exports, the pursuit of the execution of contracts, the operational adaptation of production external market requirements. + Chapter 2 Economic contracts between socialist units + Section I Conclusion of contracts + Article 14 The economic contracts, in relation to the object, can be the delivery of raw materials, materials and products, of cooperation in production, of energy supply, for scientific research, design, construction-assembly works and other specific benefits economic relations between socialist units. The content of the categories of contracts provided in par. 1 it is established according to the present law, the regulations specific to the respective field of activity, as well as in compliance with the framework determined by model contracts elaborated on branches, groups of products or categories of works The model contracts are approved by ministries, other central bodies, executive committees of the county folk councils and the city of Bucharest, for their fields of activity, with the opinion of ministries, other central and local bodies interested and with the agreement of the Ministry of Technical-Materials Supply and Management Control of Fixed Funds. + Article 15 The internal economic contracts, between the socialist units, shall be concluded on the following durations: a) for periods of 15-20 years for basic raw materials-coking coals and energetics, bituminous shale, crude oil, natural gas for chemistry, ferrous ores, non-ferrous, non-metallic and other products of the extractive industry; b) during the period corresponding to the duties of the five-year plan, for the entire production c) for the entire duration of the execution, if it exceeds the period of the five-year plan, in the case of machinery, machinery and technological installations intended for the investment objectives, of other long-cycle machinery of manufacture, of works of construction-assembly and in other such situations. Socialist units are obliged to ensure through contracts, for long periods, all the cooperations necessary for the realization of complex products or supplies, taking into account the specialization of production and the need to establish continuity between the cooperating units. + Article 16 In the case of new actions established during the performance of the five-year plan, the economic contracts will be concluded on the date of approval of the action, for the duration corresponding to the + Article 17 In the case of products for which, at the date of contracting, the assortments, types, dimensions or other characteristics necessary for the execution of the assumed obligations are not specified, the parties will provide the deadlines for their presentation, which will not be able to exceed six months before the date of delivery. For machines, machinery and installations with a longer duration of the manufacturing cycle, technical documentation and orders will be handed over by the beneficiaries within the deadlines set out in the Annex, which is an integral part of this law. + Article 18 For goods intended for the market fund whose assortment varies frequently in relation to the requirements of the internal market, framework contracts will be concluded, for the entire period of the five-year plan, which will adapt and detail annually or, as the case may be, depending on the of season. Framework contracts will also be concluded for the delivery of new products to be assimilated during the five-year plan period. The parties will detail and concretize the provisions of these contracts after the approval of the approval and introduction of contracted products in manufacturing. + Article 19 In the case of complex deliveries-machinery, equipment, installations and technological lines-a single contract is concluded between the general supplier and the beneficiary. The general supplier is responsible for the full realization of the object of the complex delivery, for which purpose it must ensure, mainly: a) the delivery of machinery, sub-assemblies, equipment in the country and import, at the deadlines provided for in the schedule of the investment staggered and under the conditions established in the approved documentation; b) the quality of the furnaces and the operation of machinery, equipment, installations and technological lines to the approved parameters; c) the granting of technical assistance to the assembly, to the performance of technological evidence and to the commissioning of capacities, under the conditions provided by contracts; d) the delivery of the first equipment parts and the documentation for the execution of the spare parts, under the conditions established according to the law; e) the schooling and training of the personnel of the equipment, installations and technological lines delivered. Depending on the specifics of the complex delivery, the general supplier also responds to the fulfilment of the other obligations provided by law in his + Article 20 For the realization of complex deliveries the general supplier will conclude cooperation contracts with the specialized units in the manufacture of parts, parts, assemblies or subassemblies, through which they will ensure, mainly: a) the rhythmicity of deliveries of component parts, parts, assemblies and subassemblies, in accordance with the deadlines set for the execution of complex delivery; b) the quality of the products delivered in cooperation, in compliance with the technical-constructive documentation of the object of the complex delivery; c) technical assistance and, where appropriate, the provision of specialized services; d) establishment of the guarantee regime for all cooperating suppliers; the guarantee periods shall be calculated from the date of handing over the object of the complex delivery to the beneficiary; e) the classification of the production costs of the furnaces in the provisions of the revenue and expenditure budgets at all the cooperating units. The content of the cooperation contracts shall be consistent with the main clauses of the contract between the general supplier and the beneficiary and correspond to the provisions of the approved cooperation programmes. The provisions of this Article shall also apply to cooperation contracts concluded between the main supplier of a complex product and the specialized collaborating units. + Article 21 For technological equipment and complex installations, the parties are obliged to establish by contract, mainly the following clauses: a) the deadlines for delivery of machinery or installations, correlated with the assembly cycle, with the deadline for commissioning, as well as with the duration of transport, being prohibited the realization and delivery of machinery to be immobilized in stocks; b) the deadlines and responsibilities for teaching the complete technical documentation for the entire objective or on the assemblies and sub-assemblies that can be executed independently, taking into account the delivery times of the machinery established according to lit. a) and their manufacturing cycle; c) the obligations of the supplier to provide the mounting documentation, technical assistance at the staging site, the commissioning tests, the schooling of the operating personnel, the delivery of spare parts and the performance during the period of Warranty. The investment beneficiaries will provide in the contracts that conclude them with the design units clauses on the necessary guarantees for the full and complete handover of the final technical documentation of execution. + Article 22 The economic contracts shall be concluded by agreement of the parties, on the basis and in the performance of the tasks incumbent on the socialist units of the single national economic and social development plan, and shall, as the case may be, contain, mainly: a) the identification of the contracting socialist units and the persons empowered to sign the contract; b) the duration of the execution in kind of contractual obligations, by determining the quantity, establishing the quality and reception conditions, the adaptations and the constructive and technological improvements to be made to the products; c) quantitative breakdown, by calendar of execution, staggered for years and quarters; d) prices and tariffs in force at the time of conclusion of the contract, approved by law enforcement bodies; prices and tariffs will be determined, under the law, and at a later date of conclusion of the contract, following the first delivery or provision shall be made on the basis of the approved price or tariff; payment method; e) the means of carrying out technological evidence, the forms of technical assistance and the guarantee regime; f) conditions of packaging, marking, labelling and expedition, optimised transport relations; g) contractual responsibilities of the parties; h) any other clauses necessary for the execution of the obligations assumed by the contract. + Article 23 In economic contracts there cannot be clauses contrary to the law. The clauses by which the legal provisions are violated are void, being replaced by provisions corresponding to the law. The contract will be entirely void only if the replacement of the null clause is not possible. + Article 24 Economic contracts are concluded by businesses, as well as by plants or other socialist units, according to the law. For new units, provided to be put into operation after the date of approval of the plan, the economic contracts on production disposal and technical-material supply will be concluded by the plants or other socialist units under which they are going to work. After the establishment, the new units become, by right, parties in the contract. The contractual relations between the socialist units, as well as their modification, shall be established in written form. The order confirmed in writing, within the period provided by law, or its execution immediately shall be equivalent to the contract concluded. + Article 25 Economic contracts will be concluded within a period of no more than 90 days, in compliance with the following deadlines: a) the beneficiary unit will issue orders within 20 days from the date of receipt of the plan regulations, and in the case of products for which material balances are elaborated, from the date of receipt of the repartitions; b) within 30 days from the receipt of the beneficiary's order, the supplier unit is obliged to issue the draft contract or, as the case may be, the confirmation of the order; c) the beneficiary unit has the obligation to refund the draft contract signed, with or without objections, within 20 days from the date it received it; d) when there are objections to the contract, the parties, if they are from the same locality, must reconcile them within 10 days, and if they are from different localities, within 15 days; the convocation of the beneficiary is the responsibility of the supplier; e) the supplier is obliged to notify, within 5 days, the competent body for the settlement of any unreconciled objections; in case of exceeding the deadline for referral, the beneficiary's objections shall be considered accepted, if not contravened by the law. + Article 26 Misunderstandings arising on the occasion of the conclusion of economic contracts, including those on refusal to contract on the basis of approved plan regulations or issued repartitions, which could not be reconciled by the contracting parties, will be resolved by to: a) central, where the contracting parties belong to the same plant; b) the ministry or other central body, if the contracting parties belong to different plants, subordinated to the same ministry or central body, and the misunderstandings could not be reconciled by the respective plants; the executive committee of the county folk council or the city of Bucharest, for the socialist units subordinated to them; c) ministries, other central bodies, executive committees of the county folk councils or of the city of Bucharest, if the contracting parties are subordinated to different bodies, and the misunderstandings could not be reconciled by the plants they belong to; d) Ministry of Technical-Materials Supply and Management Control of Fixed Funds, within 20 days of referral, if ministries, other central bodies, executive committees of county or county folk councils The city of Bucharest does not agree on the resolution of disagreements. The settlement will be based on the justifications presented by the parties and, where appropriate, with their participation. Organs referred to in lit. a), b) and c) have the obligation to settle pre-contractual misunderstandings no later than 10 days after the referral, when they are based in the same locality, or 15 days, when they are from different localities; in case of non-realization of an agreement, le it is required to notify the competent bodies within 5 days of the expiry of the agreed settlement period. The decision given in solving the misunderstandings arising on the occasion of the conclusion of the contract is part of the contract on the date it was concluded In the case of refusal of contracting, the decision shall take place of the contract until its completion by the parties. In case of unjustified refusal to contract, the competent bodies to resolve the pre-contractual misunderstandings will also make proposals to sanction the guilty persons, according to the law. + Section 2 Adaptation of economic contracts and the conditions under which they may be amended + Article 27 Economic contracts between socialist units will adapt annually by the parties, by agreeing with the improvements that are made, according to the law, to the annual plans. For this purpose: a) with the update of the annual plan by decree of the State Council, the tasks of the five-year plan will be updated for the next year, so that the repartitions will be issued in advance that will be the basis for the adaptation of the concluded contracts, for products subject to material balances; b) the repartitions will be issued by the balance coordinators and will include the suppliers and beneficiaries, the quantities, the technical-economic characteristics of identification of the products and the delivery periods; c) the contracts will be adapted simultaneously with the elaboration of the plan works, at least 6 months before the start of the execution of the annual plan, until the date when, according to the law, the annual plan by decree of the State Council is updated. The parties are obliged to adapt the contracts also in situations where, under the law, the provisions of the plan, the material balances and the repartitions on the basis of which the contracts have been concluded are amended. + Article 28 The unilateral amendment or denunciation of the economic contract is prohibited. Also, the modification of the contract by agreement of the parties cannot be made if it concerns elements contained in the material balances and in the repartitions. The parties may make changes to the contracts only in respect of the clauses they have established, according to their respective powers, exclusively by their agreement of will. + Article 29 If the parties, in agreement, establish changes in the provisions of the concluded contracts, the party that requested the amendment bears the patrimonial consequences arising from it, according to the law. + Article 30 During the execution of contracts, the parties are required to update their provisions according to the requirements of the continuous introduction and promotion of technical progress. + Article 31 Ministries, other central and local bodies, plants and enterprises are responsible for ensuring normal stocks, strict framing in their volume, in order to achieve the continuity of production and the rhythmicity of performing tasks plan. In order to prevent the formation of stocks of raw materials, materials, spare parts and supranormative products or to liquidate them, in situations where the socialist units realize additional savings of materials, they use replacements of poor materials, changes in production structure, changes in plan tasks, or other causes, ministries, other central and local bodies, plants and enterprises are obliged to take immediately the measures provided by law to ensure the recovery of those stocks in the economic circuit. On the basis of these measures, with the approvals and under the conditions provided by law, the socialist units are obliged to ensure, as the case may be, the adaptation, modification or termination of economic contracts. + Article 32 Art. 25 25 and 26 shall apply accordingly to the adaptation, modification or updating of economic contracts. + Section 3 Execution of economic contracts and contractual discipline + Article 33 Socialist units are obliged to execute economic contracts in kind, in compliance with the quantity, quality, deadlines and other obligations assumed. The economic contracts are enforceable for the entire duration for which they were concluded. + Article 34 The contracted products and works will be delivered on a quantitative and qualitative reception basis. The contracting parties may agree, taking into account the nature of the products, that the delivery is also made by self-reception. The ways of reception or self-reception are provided in contracts, in compliance with the legal provisions + Article 35 For technological equipment, installations and other products of high technical complexity, the reception by the beneficiary is mandatory. It will be able to make the reception and on manufacturing phases. + Article 36 The producing and beneficiary units of the agrootechnical products intended for the establishment of the state fund are obliged to ensure their teaching, reception and reception, at the deadlines in the delivery schedules established by the contract. The manufacturing units are obliged to hand over to the nearest collection center easily alterable agrootechnical products, if the beneficiary has not presented himself, according to the charts, for the reception. The handover is based on the reception carried out by the collection centre in the presence of a local folk council delegate or other neutral, competent delegate. Collection centers are obliged to receive, take over and capitalize on these products. The manufacturing unit is responsible for the damage caused as a result of the non-delivery of the products of the nearest collection centre in time. + Article 37 The beneficiary unit is obliged to verify, under the conditions provided by law, during the execution of the contracted product, the way in which the supplier unit meets the agreed clauses on quality. + Article 38 Socialist units have the obligation to deliver only products that correspond to the quality conditions laid down in the economic contracts. Products refused by the beneficiary unit for qualitative deprivation shall be considered undelivered if the supplier does not ensure that they are remedied or replaced within the time limit agreed with the beneficiary. + Article 39 Reception and acceptance by the beneficiary unit of products that do not correspond to the quality provided in the contracts or, as the case may be, in standards, technical norms and specifications, shall also attract its liability for damage to the obstesc property. During the warranty period, the supplier unit responds for the quality of the products, and after its expiry, for hidden defects, found according to the law. + Article 40 The supplier units are obliged to deliver the products within the contract. Delivery of the products to another date can be done in the following cases: a) delivery of products with anticipation can be made only with the agreement of the parties, given prior to each delivery. In the case of machinery, machinery and installations intended for investment objectives, the anticipated delivery can be made only with the agreement of the financing bank certifying that the purchase of machinery is justified economically, being provide conditions for their installation and commissioning before the deadlines established by the approved technical-economic documentation; b) the delivery of the products with delay can be made only with the prior consent of the beneficiary, who will be able to refuse the receipt of the products if due to the delay is in impossibility to use them or would exceed the level of the normal stocks determined by law. In the cases provided in lett. b) the supplier is obliged to pay the beneficiary the penalties and compensation due, according to the law. + Article 41 Products shall pass in direct administration or ownership of the beneficiary unit, as applicable: a) on the date of handing over the products to the beneficiary unit b) on the date of handing over the products to the transport organization, if the dispatch of the products is in charge of the supplier unit. Transport organisations have the obligation to ensure the transport of the products in good conditions and respond, in the event of damage, to the damage caused; c) on the date of the passage of the products into the custody of the supplier unit, with the consent of the beneficiary unit On the date of passing the products into the property or direct administration of the beneficiary unit, it owes the payment of the price of the product or the benefit, and the risks pass The transmission of the right of property or the right of direct administration in the case of products delivered to the units of the Ministry of National Defence and the Ministry of Interior shall be made under the conditions provided by The works are transmitted in the direct administration or property of the beneficiary units on the reception date. + Article 42 The supplier socialist unit may accept, at the request of the beneficiary, that the performance of the contract will cease if it does not cause the plan to be unrealised and if the beneficiary bears the costs which cannot be recovered, carried out manufacturer until the end of the contract. For products to which material balances are elaborated, the termination of contracts can only be made with the appropriate adaptation, under the law, of the repartitions. + Section 4 Contractual liability + Article 43 Ministries, other central and local bodies together with the Ministry of Technical Supply-Materials and Management Control of Fixed Funds are responsible for taking all necessary measures to ensure the execution of the obligations assumed of socialist units through contracts, to carry out a rigorous control of the fulfilment of contractual obligations by the parties and to establish the liability of persons guilty for non-execution or improper execution of the provisions of contracts concluded. If after the conclusion of the contract there is a finding of causes, other than force majeure, which would put one of the parties unable to execute it, the ministries, the other central and local bodies, the plants, to which the party is subordinated, have the obligation to take the necessary measures to ensure the performance of the + Article 44 The socialist unit that does not execute the obligations assumed by the contract or executes them improperly owes the other part penalties, as well as compensation, in order to repair the damage caused by its fault The compensation is due only to the extent that the damage was not entirely covered by the payment of the penalties provided for in the contract and concerns both the actual damage suffered and the unrealized benefit. + Article 45 The parties shall be entitled in delay if they do not execute their obligations within the time limits stipulated by the contract. The beneficiary shall be responsible for the non-performance of the contract if it fails to comply with its obligations + Article 46 The socialist unit whose contractual obligation cannot be executed due to force majeure, established according to the law, is defended by liability and has the obligation to inform the other party the impossibility of execution, in within 5 days from the date of occurrence of this case, and to communicate to him the supporting documents, no later than 15 days from the same date; he is also obliged to communicate to him immediately the date of termination of force majeure. Cases of force majeure shall be considered and confirmed by the State Planning Committee, for products whose balances are approved by the single national economic and social development plan, and by the Ministry of Supply Technical-Materials and Control of the Management of Fixed Funds, for the products covered by the other balances. + Article 47 Penalties for non-performance or improper execution of obligations assumed by economic contracts are as follows: 1. for each day of delay of the execution of the obligation, for the duration corresponding to the pregnancy in the annual plan, 0.1% in the first 10 days, 0.2% in the next 20 days and 0.3% in the period exceeding 30 days, until the date of execution in the nature of the performance, the waiver by the beneficiary thereof according to art. 40 40 or the impossibility of enforcing the obligation due to force majeure, if the delay is about: a) teaching or, as the case may be, the lifting of products, taking over the works b) the presentation at the deadlines set out in the contract of the specifications or details necessary for the execution of the contract, as well as, in the case of technological machinery and complex installations, the handing over of the agreed deadlines the whole objective or on the assemblies and sub-assemblies that can be executed independently; c) the making available of packaging by the beneficiary when, according to the contract, this obligation lies with him, or the return in term of packaging, palettes, containers, palletization-pachetizing accessories and other similar means. The penalty is calculated, in the case provided by lit. a), at the price of the product, work or performance, in the case provided by lit. b), at the price of the product, work or performance that could not be executed, and in the case provided in lett. c), at the price of the unrealized benefit due to the packages that have not been made available or at the price of packaging, palettes, containers, palletization-pachetizing accessories and other similar means, in case of non-return; 2. for non-compliance with the method of performing the reception or self-reception, 2% of the price of the product, the work or the performance to be received, if the penalties for the delay of the execution of the obligation according to the 1 lit. a); 3. for the non-execution in kind of the obligation assumed by the contract, at the date of expiry of the duration corresponding to the performance of the task in the annual plan, 8% of the price of the 4. for breach of obligations relating to: a) marking, stamping, labelling or sending delivery documents that must accompany the transport documents, 1% of the price of each lot so delivered; b) sending quality certificates, analysis bulletins, instructions for use or technical book of the product and warranty certificates, 2% of the price of each lot so delivered; 5. for each day of delay of payment of the price, from the date when it is due until the payment is made, 0.1% in the first 10 days, 0.2% in the next 20 days and 0.3% in the period exceeding 30 days, of the amount to be paid; 6. for each day of unjustified refusal of payment of the price or non-refund of the amount collected, without entitlement, from the date of refusal until the date of payment, respectively from the date of collection of the amount not due until its refund, 0.3% of the amount of the unpaid price or the unrepaid amount, as applicable; 7. for the disposal or consumption of products taken into custody, without the prior consent of the unit in favour of which custody was constituted, 10% of the value of the products disposed of or consumed. The parties will be able to establish by contracts higher penalties than those provided for in this article, as well as the application of penalties for violation of other obligations than those provided for in item 1-7, taking into account the specificity of the economic relations for which the contract concluded. + Article 48 The patrimonial disputes between the socialist units regarding the non-execution or improper execution of economic contracts shall be settled by the State Arbitration or other arbitral bodies, provided by law. + Chapter 3 Contracts of foreign trade and international economic cooperation + Section 1 Common provisions + Article 49 The activity of foreign trade and international economic cooperation is a state monopoly and is carried out according to the party and state policy regarding the enlargement and diversification of external economic relations, in accordance with the provisions of the single national economic and social development plan. + Article 50 External economic exchanges and relations of international economic cooperation shall be carried out through contracts, concluded in accordance with the provisions of the plan, as well as of long-term agreements, conventions or other agreements international to which the Socialist Republic of Romania is a party. + Article 51 In the development of external economic relations with all socialist countries, with developing countries and the other states will ensure the broad promotion of cooperation actions in production and other forms of international economic cooperation and, on this basis, the achievement of the balance between imports and exports, in particular by concluding contracts in the long-term counterparty. Imports of installations, machinery, machinery and sub-assemblies will be mainly engaged in cooperation actions and export actions in the counterparty of products in the construction of machinery. Within the framework of the actions of international economic cooperation will be pursued the formation of joint ventures and other forms of cooperation in production for the realization of complex objectives, the execution of industrial and civil constructions, the provision technological engineering, consulting, technical assistance, actions of common interest. + Article 52 The activity of foreign trade and international economic cooperation shall be based on the following categories of contracts: a) external contracts concluded with foreign partners; b) domestic contracts for the realization of export, import and international economic cooperation operations, concluded between the manufacturing units for export or the beneficiary of imports and foreign trade enterprises. + Section 2 External contracts A. Conclusion of contracts + Article 53 The offer and contracting by the foreign trade unit of export goods will be made only under the conditions provided by law, by promoting the products, works and services that ensure the superior valorization of material resources used, have a high quality level and are competitive on the external market. It will also be aimed at expanding exports that capitalize on their own conception, in the form of licenses, technical documentation and complex deliveries. The offer is prepared by the foreign trade units, based on the prospecting of the external market and the provisions of the internal conventions, concluded according to the law, regarding the commodity fund in the assortment structure and the staggered for each producer unit, as well as the quality parameters and other conditions necessary for the production of the export. If foreign partners request the delivery of goods with different characteristics than those provided for in the conventions of par. 2, the offer is finalized with the agreement of the manufacturing unit. The offer will include the conditions and modalities of payment, financing or lending and the other elements necessary for the conclusion of the contract, as well as the term in which it can + Article 54 The manufacturing units are obliged to offer and put into manufacturing for export, as well as for the realization of various forms of international cooperation, those products that have a high technical and qualitative level, ensure the superior valorization of raw materials and are competitive in foreign markets. + Article 55 The contracting of import goods is aimed at ensuring the balance between imports and exports through comparative analysis and negotiation of the offers of foreign partners or by issuing orders, taking into account the prospecting of the external market. For the conclusion of the contract will be given priority, under the conditions provided by law, to the offer that ensures the optimal satisfaction of the requirements of the development of the national economy + Article 56 External trade units will act for the conclusion, in particular, of long-term external contracts. For this purpose: a) the long-term contracts shall, as a rule, be concluded for periods of 5 years or more; b) contracts for the import of basic raw materials are thus established to ensure their supply for periods of 15-25 years; c) contracts of international economic cooperation for deliveries of goods, co-production, service supplies and works executed under reciprocal conditions, shall be established in particular for periods of 10-15 years; d) cooperation contracts for the construction and joint operation with the foreign partner of new economic objectives in the Socialist Republic of Romania or abroad, as well as for the modernization of existing units in industry, agriculture and other branches or for the realization of commercial actions on third markets, shall be established for the entire period of the objective of cooperation. External contracts will also be possible for shorter durations, depending on the manufacturing cycle of the products or the peculiarities of the agreed benefits. + Article 57 In certain goods, especially machines, machinery and complex installations, to which the quality assurance of products, technical performance and operating behavior are decisive for the preservation of foreign markets, foreign trade units will conclude, concurrently with the external delivery contract, the "service" contract and will take appropriate measures to ensure this activity and the necessary spare parts. + Article 58 Cooperation contracts on complex exports-installations and other objectives executed abroad-are concluded and carried out, under the conditions provided by decree of the State Council, by industrial plants or other units economic, as a general supplier. The general supplier shall be responsible for carrying out the complex export, under the conditions and within the time limits laid down in the external contract, for which purpose it must ensure, a) contracting machinery, materials, sub-assemblies, technological lines, equipment with sub-suppliers, research and design works with the general designer, as well as construction-assembly works and specialized services with the general contractor; b) the delivery, reception and transport of the exported installations, equipment, materials and documentation, their quality control, according to the regulations in force; c) the commissioning of the contracted installation, the performance of the samples for the demonstration of the realization of the projected parameters, the execution of any remediations, the handover of the installation and the fulfillment of the obligations external contract provisions; d) technical assistance and training of the staff of the external beneficiary, in the country or on construction sites abroad, under the conditions agreed with the foreign partner e) the efficiency and competitiveness of complex exports and the timely collection of due rights for deliveries and executed works. + Article 59 Contracts on imports of complex installations, as well as contracts for the formation of joint ventures, shall be concluded according to the specific regulations provided for by law in these fields Art. 53-57 shall also apply to external contracts which have as their object the provision of services or works. + Article 60 External export, import and international economic cooperation contracts shall be concluded by foreign trade undertakings, as well as by plants, manufacturing establishments, works or service providers, authorised, according to the law, to conduct direct commercial operations on the foreign market Economic units referred to in par. 1 have autonomy in prospecting the foreign market, choosing foreign partners, negotiating and concluding contracts, in compliance with legal provisions. + Article 61 Depending on the nature and object of the commercial operation, sales contracts may be concluded, cooperation in production, execution of works, warehouse, mandate and commercial representation, technical assistance, machine maintenance, machinery and installations, international transport and expeditions, joint ventures, technology transfer, insurance, tourism and others, practiced in international trade relations. In order to facilitate the conclusion and execution of external contracts, general conditions, type contracts, framework contracts and other forms of unification of commercial practices on the international market can be used. + Article 62 Contractual relations with foreign partners, as well as the modification of these relations, are found in written form, in compliance with the conditions for the validation of conventions. + Article 63 The external contracts shall be concluded by agreement of the parties and shall include, depending on the specificity of the operation of foreign trade, mainly: a) identification of the parties and their representatives, and the determination of the object of the contract b) the duration of the contract, the deadlines and the place of execution of obligations, the modalities of reception and resolution of any complaints; c) the price and method of payment, measures to prevent possible monetary impairments; d) guarantees on the quality of goods, packaging conditions, marking and labelling, shipping and transport; e) appropriate precautionary clauses, taking into account the trends of the external conjuncture and the interests of the national economy; f) contractual responsibilities of the parties, applicable law and competent jurisdiction, as well as any other necessary clauses, which will be agreed by the parties, under the conditions established by the General Code of foreign trade activity of Socialist Republic of Romania. + Article 64 The contract may be amended only by the agreement of the parties ' will B. Execution of external contracts + Article 65 Socialist units are responsible for the delivery of goods intended for export, in compliance with the quality conditions and their technical performance, to ensure the demanding quality control of the products from import, such as and the fulfilment of all the obligations they have undertaken through the contracts concluded. The foreign trade units shall be obliged to ensure the full and timely collection of the price of the exported goods or, as the case may be, the receipt of the goods in return, as well as the realization of all other rights due to the contract. + Article 66 The obligations of delivery of products intended for export, provided for in economic contracts, shall remain in force throughout the period of validity of the commitments established in the relations with foreign partners and within the limits of the conditions laid down in contracts concluded with them. + Article 67 In order to ensure the execution of export and international economic cooperation contracts, foreign trade enterprises together with the manufacturing units will establish programs for each contract, which will include measures on the realization products, organization of cooperation between enterprises, "service" and technical assistance. + Article 68 The Ministry of Foreign Trade and International Economic Cooperation and foreign trade enterprises will control, through their own representatives, at plants and factories, how to introduce into manufacturing and the goods contracted to export, as well as in the framework of actions of international economic cooperation, will determine the taking of operative measures for compliance with contractual obligations and will not admit the delivery to foreign partners of products that do not correspond contractual conditions. For products intended for export, including in cooperation actions, in particular machinery, machinery, installations, to which the quality assurance of products, technical performance and operating behaviour are decisive in promoting exports, foreign trade enterprises can carry out quality control through specialized contract-based control bodies. The technical quality control bodies in the units and those of the General State Inspectorate for Product Quality Control will control on manufacturing flows how to comply with technological processes, in order to avoid the production of goods Qualitative inadequate to the provisions of the contracts. + Article 69 The quality control of the goods from import shall be ensured under the conditions laid down by the decree of the + Article 70 The Chamber of Commerce and Industry of the Socialist Republic of Romania may, according to the law, carry out the qualitative and quantitative control of goods intended for export or from import, based on the mandate of foreign partners or, as the case may be, Romanian enterprise. + Article 71 Any import or export is carried out only on the basis of authorization, issued by the Ministry of Foreign Trade and International Economic Cooperation, under the law, for each product or group of products. + Section 3 Domestic contracts for the implementation of export and import operations + Article 72 The manufacturing units operate their foreign trade activity through foreign trade enterprises, unless they are authorized according to the law, to conduct commercial operations directly on the foreign market. The relations between the manufacturing units and the foreign trade enterprises, for the conduct of export or import operations, shall be established, under the law, by economic contracts of commission, economic contracts of delivery, execution of works or services for export. + Article 73 At the conclusion of the economic contract, the parties are obliged to determine a) the commercial operations to be carried out in its own name by the foreign trade enterprise, on account of the economic unit that has empowered it; b) the conditions of negotiation of foreign trade operations and the technical-economic documentation necessary to fulfill the authorized power; c) other elements for the implementation of relations between the parties. + Article 74 The producer unit shall be responsible for the performance of the obligations established on its account by the acts concluded by the foreign trade undertaking, within the limits of the power The beneficiaries of imports will pay the foreign trade enterprise the value of the goods imported after customs clearance. The conclusion or modification of the external contract, as well as of any other act, under conditions different from those offered by the manufacturing unit, shall be opposable to it only if it has been carried out with its prior consent or to the extent that it has confirmed. The right to the goods and the corresponding risks shall be transmitted directly, under the terms of the external contract, from the producer unit for export to the foreign partner or from him to the import beneficiary unit, depending on the nature of the operation foreign trade. + Article 75 Economic contracts for delivery, execution of works or supplies of services for export shall be concluded on the basis of external contracts, within 10 days from the date of receipt of orders issued by foreign trade enterprises. Under the law, these contracts can also be concluded before external contracts. The contracts will include obligations in strict correlation with the corresponding external contracts. + Article 76 The manufacturing units shall ensure that the spare parts necessary for the operation and operation of the exported machinery, machinery and facilities are delivered on time and in the appropriate structure. + Article 77 Domestic contracts for the implementation of export and import operations are applicable to them, in relation to the specifics of the foreign trade activity, the provisions of the 2 2 of this law. + Section 4 Contractual liability + Article 78 The patrimonial liability of the parties for the non-execution or improper execution of the obligations assumed by the external contract is established by its clauses. Foreign trade enterprises, as well as, as the case may be, the units authorized to conduct commercial operations directly on the foreign market, will pursue the realization of the compensation due to the violation of contractual obligations by the partner Stranger. + Article 79 The producer units are responsible for all damages or expenses incurred by the foreign trade enterprises as a result of claims made by foreign partners and which are determined by the violation of the obligations assumed by these units by contract. Compensation established according to par. 1 is due only to the extent that the damages are not covered by penalties. + Article 80 The non-performance or improper performance of the obligations provided for in the economic commission contract shall have as a consequence the payment, by the at fault of the following penalties: a) for non-compliance with the deadlines for submitting the technical-economic documentation, established by contract, including the documents necessary to collect the value of the goods delivered, 100 lei for each day of delay; b) for the unresolved by the producer unit of complaints, claims for damages or penalties, formulated by foreign partners, within the deadlines provided for in the external contract, 0.03% per month, calculated at the value of the goods complained claims made; c) for the overtaking by the foreign trade enterprise of the term stipulated in the economic commission contract for the launch of external offer requests, as well as for the violation of the deadline for the transmission of external complaints, 0.01% for each delay decade, calculated at the value of the specified specification, technical sheet or external complaint; d) for non-compliance with the term of knowledge of the manufacturing unit on the impossibility of execution of the external contract due to force majeure or from the fault of the foreign partner, 50 lei for each day of delay; e) for the unjustified refusal of the foreign trade enterprise to settle within the period the amounts collected from the sale of exported goods, 0.3% for each day of delay. The delay in making the commission payment is penalized according to the legal regulations regarding the non-payment of the price. If the damage caused by the breach of a contractual obligation is not covered by penalties, the party at fault will pay damages in addition, until its full coverage. + Article 81 Non-performance or improper execution of obligations assumed by the economic contracts of delivery for export shall entail for the part at fault the payment of double the penalties provided for in art. 47 47 section 1 1-6 inclusive. For the remission with delay by the producer unit of the documents necessary to collect the value of the delivered goods, the penalty provided in art. 80 lit. a). + Chapter 4 Duties and liabilities + Section 1 Tasks and responsibilities of ministries, other central or local bodies and economic units + Article 82 The ministries, the other central and local bodies, each in its field of activity, are responsible for the conclusion and execution of economic contracts between the socialist units, as well as between them and foreign partners, for which purpose they are obliged to take measures to: a) the organization of prospecting of the internal and external market, ensuring the establishment of the order portfolio by the subordinate units; b) the organization of the process of concluding economic contracts, adapting them, in accordance with the provisions of the plan; c) to ensure the foundation of contracts based on contracts, to cover the tasks of the entire five-year; d) the elaboration of supply plans and the issuance of orders, in compliance with the norms and norms of consumption and approved stock; e) the organization of cooperation in production, the operative adaptation of production to meet the requirements of the internal and external market, the quality and competitiveness of the products for export, their superior valorisation on the market external; f) the pursuit of the execution of economic contracts, especially in terms of compliance with delivery times, quantity and quality of products g) taking in advance the necessary measures to prevent or eliminate any causes that could lead to the non-execution or improper execution of contracts; h) preparation of commercial catalogues and their updating. + Article 83 The Ministry of Technical Supply-Materials and Management Control of Fixed Funds responds to the smooth running of contracting activity and to the insurance on the basis of contracts of production and technical-material supply internal, for which purpose: a) ensure, together with the State Planning Committee, the foundation on the basis of contracts of plan tasks in the field of production and technical-material supply; b) ensure the timely issuance of the repartitions in strict compliance with the approved consumption and stock norms and aims to adapt and finalize the contracts, under the conditions of this law; c) control, at ministries, plants and enterprises, the way in which the activity of closing and execution of economic contracts is organized; organizes and responds to the conclusion and execution of economic contracts through the network own bases and warehouses; d) take operative measures to comply with the contractual discipline and appropriate adaptation of contracts, in order to ensure the continuity and rhythmicity of production, according to the plan provisions. + Article 84 The financing banks are obliged not to admit the financing and crediting of the launch in manufacturing, as well as the supply of raw materials, materials, fuels and energy for products that did not ensure the dissolution through contracts. The Superior Court of Financial Control, the Ministry of Finance and the financial control bodies will verify, within the framework of their duties, the application of the provisions of para. 1. + Article 85 The Ministry of Foreign Trade and International Economic Cooperation is responsible for contracting the export commodity fund, the international economic cooperation actions and the necessary imports, for which purpose: a) ensure, together with the economic ministries, the other central organs and foreign trade enterprises, the coverage with external contracts of the export plan, import and international economic cooperation, the conclusion of long external contracts duration; b) ensure, together with the other ministries and central bodies, the realization of the export of complex economic installations and objectives, the execution of construction and assembly works abroad, the provision of technical assistance, as well as the activities of technological engineering, consulting and other similar activities; c) aims at the conclusion, on time, of contracts between foreign trade enterprises and economic units producing, performing works or service providers, in order to complete and term external contracts; d) aims to specify in advance by the ministries the import goods, the contracting and their delivery according to the needs of the production and the realization of investments; e) controls the introduction into manufacturing and the realization of export-contracted goods, as well as the way of carrying out actions of international economic cooperation; takes measures, together with the Ministry of Transport and Telecommunication, for making international transport; f) proposes for approval, under the law, the industrial and agricultural units to be specialized for export production. + Article 86 The Ministry of Foreign Trade and International Economic Cooperation and the Ministry of Foreign Affairs are empowered to negotiate and conclude, under the law, agreements, conventions, protocols and other trade and cooperation agreements international economic. Ministries and other central bodies can negotiate and conclude, when they are empowered, agreements, conventions and protocols and other trade agreements and international economic cooperation. The Ministry of Foreign Trade and International Economic Cooperation, ministries and other central bodies are responsible for fulfilling the obligations arising from agreements concluded with other states in the field of foreign economic relations. + Article 87 The plants, enterprises and other economic units are responsible for ensuring the contractual discipline, both in internal relations and in those with foreign partners, for which purpose they are obliged to take measures to: a) the establishment of the order portfolio, based on the results of the internal and external market prospects b) the organization and participation in fairs and exhibitions of samples, the preparation, at their expense, of collections of samples, catalogues, albums and prospectuses for products from their own manufacturing profile, in the number required by the trade enterprise external and internal beneficiaries, so that they ensure the thorough knowledge of the technical-economic characteristics of the goods covered by the contracts; c) the conclusion of economic contracts for the entire production provided for in the five-year plan, as well as in the long term, under the conditions d) adaptation and detailing, according to the law, of the contracts concluded; e) carrying out the tasks assigned to them on cooperation in production, the orientation of production according to the requirements of internal and external market consumers, as well as the quality and competitiveness of the products; f) the issuance of orders to cover the needs of raw materials, materials and products, from the country and from import, in strict compliance with the norms and norms of consumption and approved stock; g) realization of the production and delivery of the products contracted at the time limits, in the quantity and quality established in the contracts concluded, pursuit of the rhythmicity of technical-material supply according to the production needs all material resources. + Article 88 Each economic unit deals directly with the activity of foreign trade, even if it does not enter into direct relations with the foreign market, but performs this activity through the plant or foreign trade enterprise. The economic unit is obliged to participate, as a rule, to the prospecting of the external market and to the external market, if the external trade is carried out by means of a unit directly performing commercial operations on the external market. the negotiation or contracting of own products. + Article 89 The foreign trade enterprises shall, in accordance with their object of activity, respond to the fulfilment of the export plan and the superior valorisation of the goods on the external market and to the implementation of the planned imports under the conditions of quality at the time limits for the beneficiary units, for which purpose they are obliged a) to participate in auctions abroad, under the conditions of continuous promotion of the export of licenses, machinery, machinery, complex installations, construction-assembly works and other goods and services; b) to negotiate and conclude external contracts at the most advantageous prices, in payment and ongoing conditions that are in line with the interests and with the financial and production possibilities of the manufacturing economic units or beneficiary; c) to permanently and systematically prospecting the external market and to inform the producer units of the level of prices and trends of the external market to the products covered by their activity; d) support the manufacturing units in the orientation and operational adaptation of production to the requirements of the external market; e) to participate in international fairs and exhibitions, to organize commercial advertising, to provide commercial propaganda materials, catalogues, prospectuses and other materials for products in their nomenclature. In carrying out their duties, foreign trade enterprises will work with the plants and economic units delivering export goods or benefiting from imported products to ensure the efficiency of each operation. Outside trade. The provisions of this article shall apply accordingly to the plants and economic units authorized, according to the law, to carry out direct foreign trade operations. + Section 2 Duties and responsibilities of staff of economic units + Article 90 Economic contracts between socialist units shall be signed by the director of the establishment. External contracts shall be signed by the director of the foreign trade undertaking or, as the case may be, of the establishment authorised to carry out commercial operations in Under the law, the contract can be signed by another person empowered for this purpose. The main import and export contracts-particularly the export and import of complex machinery and cooperation actions in production-are also signed by the general manager of the plant, even if the plant or the unit that delivers the goods to export or receive import products act on foreign markets via an external trade unit. The signing of the contract will be made only after the exercise of preventive control, under the + Article 91 The members of the executive office of the working people's council respond, according to the law, to establishing the necessary measures for the timely conclusion of domestic and foreign contracts and ensuring the delivery of the products and meeting the time limits for contracts. The liability of the members of the executive office does not exclude the liability of the chief and chief accounting officer in the + Article 92 In the field of the conclusion and execution of economic contracts, the working staff of the units mainly has the following tasks: a) to substantiate the technical-economic orders and to issue them within the deadlines provided by law; b) to contract the disposal of the production and the technical-material supply under the conditions and deadlines established by the law; c) to draw up all the works related to the contracting, to draw up the contract in compliance with the legal provisions, with an appropriate content, to ensure its execution; d) to carry out the tasks assigned to them regarding the quality assurance of the contracted products, the observance of the shipping deadlines, the packaging conditions, the reception, the full realization of the obligations assumed by the unit by contract. + Article 93 Persons guilty of non-execution or improper execution of obligations assumed by socialist units through domestic contracts, including those concerning export, import and international economic cooperation activity, as well as through external contracts, respond materially and disciplinarily to the damage caused, and if the act constitutes a crime, criminal and civil, according to the law. + Article 94 The person responsible for the enjoyment, within the service obligations, of the following acts constituting disciplinary violations, shall be sanctioned: 1. with the disciplinary dissolution of the employment contract: a) the launch into manufacturing of products that did not ensure the sale through contracts; b) supply of materials and products for the production of an unsold production; 2. with relegation to office or in category, within the same profession, for a duration of 1-3 months: a) non-insurance by contracts of the execution of orders corresponding to the approved plan regulations and to the issued or, as the case may be, external contracts; b) failure to take measures to organize the conclusion of economic contracts; c) failure to take measures to achieve the contractual obligations assumed by the contracting parties; d) failure to follow and take measures for the conclusion and execution of contracts by the bodies under which the contracting parties and the balance coordinators are located; 3. with the reduction of retribution and driving allowance for 1-3 months by 5-10%, with the withdrawal of one or more gradations or retribution steps for 1-3 months or, in the case of those assigned to the basic level, its decrease by 5-10% on the same period: a) non-compliance with the deadlines for issuing orders, draft contracts, as well as the refund by the beneficiary of the signed contract; b) the violation of the terms of conciliation of objections to the contract or to resolve the misunderstandings arising on the occasion of the conclusion of economic contracts, including those regarding the refusal to contract. Depending on the seriousness of the act, the circumstances in which the person was savirsied, the degree of guilt of the person and other elements provided by law, for deviations from the contractual discipline, including those of section 1-3, any other disciplinary sanction provided by the Labor Code will be applicable. The finding of misconduct and the application of sanction are made according to the law + Article 95 If the deviations provided for in art. 94 is found by the control bodies of the plants, ministries, other central bodies, executive committees of the county folk councils and the city of Bucharest, the banking control bodies, the Ministry of Finance, the Ministry of Technical-Materials and Control of the Management of Fixed Funds and of the Ministry of Foreign Trade and International Economic Cooperation, the application of disciplinary sanction will be made on the proposal of the control bodies That. + Article 96 The launch in manufacturing of products that did not ensure the disposal through internal or external contracts or the performance of supply for production in violation of the law, which creates significant damage to the public property, constitutes a crime and shall be punishable under the conditions of 248 or 249 Criminal Code, as appropriate, if the act does not meet the elements of a more serious crime. + Chapter 5 Final provisions + Article 97 The provisions of this law are supplemented by the provisions of the Civil Code, insofar as they are not averse to the present law or the nature of relations between socialist units. + Article 98 Model contracts provided for in art. 14 shall be drawn up within 3 months from the date of entry into force of this Law. + Article 99 The provisions of this law shall apply accordingly to cooperative and public organizations, as well as cooperation actions between state units and cooperatives or other public organizations. + Article II The amendments and additions made by this law enter into force on the date of its publication in the Official Bulletin of the Socialist Republic of Romania. On the same date is repealed Decision of the Council of Ministers no. 306/1970 on certain measures for the application of the Law on economic contracts, published in the Official Bulletin no. 35 of 15 April 1970, with subsequent additions, Decision of the Council of Ministers no. 1011/1972 on certain measures to apply the provisions Economic Contract Law no. 71/1969 ,, published in the Official Bulletin no. 95 95 of 29 August 1972, Decision of the Council of Ministers no. 1708/1974 on the deadlines for the delivery by beneficiaries of orders and technical control documentation, for machinery and machinery with longer periods of technical and organisational training and for some raw materials and basic materials, and the deadlines for the conclusion of the related economic contracts, published in the Official Bulletin no. 3 3 of 6 January 1975, and any other provisions to the contrary. + Annex NORMATIVE on the deadlines for teaching by the beneficiaries, before the plan year in which the delivery, orders and technical control documentation are requested, for machines and machinery with longer technical training periods and Organisational The deadlines for teaching in months of orders and technical documentation, ahead of the plan year for deliveries requested in: Sem. ISEM. II 123 I. Equipment that is executed after execution projects 1.Technological machinery and machinery for the metallurgical industry (agglomeration plants, cocsochemical, blast furnaces, converters steelworks, rolling mills and the like) 6 (8) 3 (8) 2.Machinery technology for the chemical industry, crude oil processing, reed, paper, cellulose (electrolysis plants, sulphuric acid preparation, nitric, desulfurars, pyrolysis and the like) 6 (8) 3 (8) 3.Machines and technological machinery for industry building and refractory materials (cement lines, plant for products refractory), machinery and machinery for the wood industry, agglomerate plates 6 (8) 3 (8) 4.Technological machinery and machinery for food industry installations and agrootechnical complexes 6 (8) 3 (8) 5.High, transported and handled machinery 96 6.Machines and machinery for mining works (weightings, rotor excavators and the like) 6 (8) 3 (8) 7.centrifugal pumps with high complexity degree and with special electric motors, of which: -category III, IV (special pumps) 1310-category V, VI and VII (heavy pumps) 1512 8.Industrial ventilators (equipped with special electric motors) 1512 II. Machinery that is executed after technical questionnaires 1.Thermoenergetic steam boiler of 1035 t ab/h2118 2.Thermoenergetic steam boiler of 525 t ab/h189 3.Steam boiler of 105-420 t ab/h129 4.Rest industrial steam boilers and special parts96 5.Boilers hot water for thermofiction96 6.Steam turbine 600-700 MW2924 7.Steam turbine of 330 MW2318 8.Steam turbine of 50-160 MW2118 9.Rest steam turbines 10.Hydraulic turbine of 23.5 MW Francisc219 11.Hydraulic turbine of 20-40 MW Kaplan189 12.Rest hydraulic turbines 129 13.Synchronous electric motors for energy machinery and speciale129 14.Machines and machinery for geological research, drilling and exploitation of sondelor129 III. Machinery that is ordered by the catalogues of the supplier enterprises 1.Motor Diesel semirapid diesel and lent96 2.Machine-tools aggregate63 3.Elements for construction and metal confections typified and reusable NOTE: 1. In complex machinery, the delivery term means the year of plan in which the completion of the work is provided. 2. The terms in parenthesis apply only when imports are required for the realization of the products. ------------------