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Law No. 9 Of 18 December 1980 On Investments

Original Language Title:  LEGE nr. 9 din 18 decembrie 1980 privind investiţiile

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LEGE no. 9 9 of 18 December 1980 on investment
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 109 109 of 23 December 1980



The development of the national economy according to the fundamental objectives set out in the Program of the Romanian Communist Party of the Multilateral Socialist Society developed and Romania's advance towards communism requires the realization of a vast program of investments that ensure the uninterrupted growth and accelerated modernization of the productive forces, the creation of a modern, high-efficiency economy in order to continue the material and spiritual well-being of the entire people. The achievement of the large investment program-based on the allocation of a significant part of the national income for the development fund-requires the continuous improvement of investment activity, the strengthening of the liability of all actors acting in this field, the increase of the exigency in the judicious use of the material and money funds entrusted, the application of a severe savings regime, the establishment of an order and firm disciplines in all phases of investment realization. The conduct of investment activity in conditions of increased economic efficiency, corresponding to the new requirements of the current economic and social development stage, requires a greater exigency regarding the thorough foundation of the introduction into the plan of the new investment objectives, the elaboration and preparation of the documentation in advance, the provision of all the conditions for the start and the realization of the works, their execution at a qualitative level, the commissioning at the planned deadlines of Projected capacities and technical and economic indicators Approve. For the purpose of agreeing to the existing legislative framework with the requirements of further improving investment activity, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 Basic principles + Article 1 (1) The investment policy-made in accordance with the Program of the Romanian Communist Party of Economic and Social Development-ensures the proportional and harmonious growth of industry and agriculture, of all branches of the national economy, achieving an optimal balance between the different sectors of activity, the rational location of the production forces for the development of all areas of the country, in order to promote the general progress of society and to meet the material and spiritual of the people. (2) The activity in the field of investments is a comprehensive and complex process of qualitative transformation of material, financial and work resources into fixed funds, through the realization of new capacities and objectives in all branches of the economy, through modernisation, development, reconstruction and renewal of existing fixed funds. + Article 2 The implementation of the investment policy, the increased efficiency of the national economic and social development fund is carried out according to the principles of self-driving and economic and financial self-management and is based on the following fundamental objectives: a) the consistent promotion of socialist industrialization; the creation of a modern industrial structure, of high economic efficiency; the intensive development of agriculture, the judicious use of the land fund, the realization of high yields in plant production and animal husbandry; rational exploitation and superior valorisation of the forest fund; superior valorisation of all material and labour resources; intensive use of production capacities; b) sustained development of the basis of raw materials, fuels, energy and materials, recovery and valorisation of reusable material resources; c) development and modernization of construction, transport and telecommunications in accordance with the requirements of balanced, proportional growth of the entire national economy; d) reduction of production costs and especially of material expenses; strengthening of the spirit of savings and the lifting of economic efficiency in all sectors of activity; e) the broad promotion of technical progress, by applying as quickly as possible the results of scientific and technological research; the continuous lifting of the technical level of production; improvement of the quality of products and their diversification corresponding to the requirements of the national economy; the mobilization of all reserves of increasing labour productivity; the promotion of the latest methods of organization and management of production and work, including the development and widespread use of automation, microprocessors, computer science; f) sustained export growth, broadening of international economic cooperation actions and their efficiency; g) rational placement of the production forces on the territory in order to develop in a balanced way the economy of the counties, the use of labor resources and the raising of the civilization of all localities; h) directing investment funds with priority in the sphere of material production, of the productive economic sectors that create national income directly, while ensuring the development of housing constructions, edilitary works and communal household, extension and modernization of educational activities, culture, health protection and other social-cultural activities; creation of conditions for the best insurance of the population with products and services; i) development of the small industry, using local raw materials and reusable resources as a priority. + Article 3 (1) The investment objectives shall be carried out according to the requirements of the economic and social development of the country and shall be distinctly included in the five (2) The registration of investment objectives in the plan is based on a rigorous technical-economic foundation, a thorough analysis regarding the disposal of production for domestic needs and for export, insurance, with priority from domestic production, raw materials, materials, energy and fuels, machinery, machinery and plants, choice of site, achieving high economic efficiency. (3) Enrolling in the plan and making new investment objectives will only be possible if the existing capacities and surfaces are fully used. The development and modernization of the capacities in operation will be carried out in the first place by placing machines and machinery in the existing spaces and surfaces. + Article 4 ((1) Design of constructions within the investment objectives that are carried out in industry, transport, agriculture and other productive branches, as well as residential buildings and social-cultural objectives, shall be based on projects type, approved according to the law, which will take into account the typing of manufacturing technologies and the use of materials, construction elements and typified installations. (2) In order to adapt the production to the requirements of the market, to reduce the transport distances of raw materials and finished products and to the judicious use of the workforce, small capacity projects will be developed for objects of investment in industry and in the field of service provision; type projects for such objects-considered module capacities-will be used as such or by assembly, for the realization of objects of different sizes, as required. (3) The investment objectives will be achieved with modern technologies, resulting from own research, to ensure the low consumption of raw materials, materials, fuels. energy and water, the use of secondary energy resources, minimal production costs, increased labor productivity, the realization of higher quality products, competitive export and environmental protection. (4) In the field of construction, research, design and execution will be oriented towards the development of new constructive solutions that provide for the widespread use of materials and light construction elements, obtained from local resources, with low spending and minimum energy and fuel consumption, limiting the use of energy-intensive materials. At the same time, it will be acted to reduce the gauges and weight of the machinery in strict accordance with the needs of the manufacturing processes, in order to reduce the dimensions of the constructions and, as a result, the share of construction-assembly works the total volume of investments. (5) The design, scientific research and technological engineering units have the obligation to provide for the use of machinery, machinery, installations, materials and measuring equipment in the elaboration of technical-economic documentation for investments. control, typified, from domestic production; the purchase of them will be possible to make, in very special cases, through compensation with export of Romanian products, especially from the branch of the car construction industry. (6) In the design and realization of the investment objectives, it will be considered the occupation of minimum land areas, especially unsuitable for agriculture, the elimination of heavy foundations, the possibility of placing outdoor machinery, of buildings and functions, realization and joint use of utilities and ancillary capacities. + Article 5 (1) The implementation of new investment objectives or capacity developments, as well as their financing, can be done only if all the necessary conditions for carrying out the works are ensured at the planned deadlines. ((2) The achievement of the investment objectives shall be in strict accordance with the material, human and financial resources and shall bear in mind that the investment volume remains, at the end of each year, not to exceed the volume of investments provided for the following year. (3) In order to avoid the dispersal of the execution capacities and the use of construction machinery and means of transport to the full capacity, as well as of the workforce, their concentration will be ensured on a restricted number of construction sites, in the goal of achieving the objectives in minimum time periods. (4) The organization and staggered execution on construction sites will be made in such a way that for the winter period there are created conditions for works whose execution does not require heating. (5) The entire investment activity must be based on a rigorous control of the company on the way in which the socialist units, all the working collectives perform their duties and fulfill their obligations from the investments, an integral part of the country's economic and social development plans. (6) The financial-banking bodies are obliged to exercise control of the use of investment funds, aiming to execute the works according to the approved plan and documentation provisions, and the expenses to be carried out in compliance with the rigorous legal provisions. + Article 6 (1) Ministries, other central and local bodies, in carrying out their duties in the field of investments, shall be responsible for ensuring the necessary conditions for the optimal achievement of investment objectives, their quality and efficiency, establishing full, on the whole and on each subordinated unit, the resources for the financing of investments as well as the judicious use of the funds. (2) Trade union organizations, other mass and public organizations, councils of working people in economic units, all working people have the duty to act systematically for each economic unit to carry out its investment activity in the conditions of high economic efficiency. + Chapter 2 Investment planning + Article 7 The investment plan, an integral part of the single national economic and social development plan, encompasses all investment objectives and expenditures, as well as their means of achieving, concentrates and directs a significant part of the resources of the national economy in the direction of sustained growth of the productive forces, the lifting of economic efficiency in all fields of activity, the continuous increase of national income and, on this basis, the qualitative level of the life of the whole nations. + Article 8 (1) The registration of investment objectives in the plan is based on a rigorous technical-economic foundation, the thorough analysis of the production of production for domestic and export needs, aiming at the realization of high capacities economic efficiency, to ensure the superior valorisation of raw materials and all domestic resources, with energy and low fuel consumption and with minimal production costs. (2) The registration of investment objectives in the plan shall be made with the provision of material, human and financial resources. In order to concentrate the technical and material means on a rational number of sites in simultaneous execution, the plan will ensure the stagnation of the execution of the works so that the volume of investments left to be executed at the end of a year, to the following objectives, not to exceed the investment volume provided for the following year. + Article 9 (1) The investment planning activity, the stages and the elaboration of the five-yearly and annual plans shall be carried out according to the provisions of the Law on the planned economic and social development of Romania and the provisions of this law. (2) The investment planning activity takes place in a departmental, branch and territorial aspect, on all organizational steps, starting from the economic, social-cultural and territorial-administrative units, in accordance with the the basic principles of the planned management of economic and social development and aiming to frame the investment objectives in balance and the general options of the economy. + Article 10 (. In the investment plan shall be established, on investment objectives: a) the value of the objective, the investment volumes, the construction-assembly and the machinery, the manufacturing technologies, the capacity, the site, the funds from which it is carried out, the deadlines for the execution of the works, the commissioning of the new capacities and achievement of approved technical-economic indicators, the value of fixed funds; b) the general designer, the general contractor and the main specialist entrepreneurs and the general machinery supplier. (2) The related and common use works shall be entered in the investment plan of the holder in whose profile he enters, at the request of the holder of the basic objective, with terms of achievement correlated with the commissioning of the objective. + Section 1 Five-year Investment Plan + Article 11 (1) The five-year investment plan shall be drawn up, according to the law, by the Council of Ministers, in accordance with the directives of the national congresses and conferences of the Romanian Communist Party. (2) The tasks and investment objectives that are included in the five-year plan shall be established by the ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest, as the case may be, based on the following studies and research: a) macroeconomic forecasts by branches and sectors of social life, by subgroups, product groups and in territorial aspect; b) development studies in the perspective of branches, subramuses and groups of products, local economy development studies, research and studies on the disposal of products on the domestic and export market; c) special programs of modernization and assimilation on products, groups of products, branches, subsystems or activities; d) studies of territorial systematization, sketches of systematization of localities, details of systematization, schemes for the development of river basins, energy system development studies and site studies; e) research and studies on the improvement of technological processes, scientific organization of production and work, introduction of new technological processes and the realization of new products; f) field, geological, topographic, geotechnical and hydrological studies and researches; g) other studies and research necessary to substantiate investments. (3) For the registration of investments, the beneficiaries will present notes of technical-economic foundation, appropriated by the State Planning Committee, the Ministry of Finance and the Ministry of Technical-Materials and Control Fixed Fund Management. (4) The technical-economic foundation notes establish the necessity and appropriateness of investments, given the full use of existing capacities and ensuring the production of domestic and export production, specifying the coverage of the needs of raw materials, fuels, energy, machinery and productive utilities, manufacturing technologies, site, execution stages, as well as cost and efficiency of works, compared to similar objectives, with performance High technical-economic, from country and abroad. + Article 12 The ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest are responsible for ensuring a thorough foundation of the five-year investment plan, by organizing and conducting continue the activities of scientific research and technological engineering, through the early elaboration of forecasts, programs and development studies, sketches and systematization details, studies and research for the disposal of products at domestic and export, as well as the other studies and research required for investment fundamentals. + Article 13 (1) The entry into the plan of the new investment objectives shall be made only on condition that the existing built-up areas and capacities are fully used. Priority will be given to modernizing and retooling units in operation, equipping with new machines and machinery without building new halls. (2) The planning of new capacities will ensure the use of machinery and facilities in the country, the introduction of modern technologies, the mechanization and automation of production processes, as well as their rational location. (3) The development of an existing unit is made in a unified conception that will include all the stages during a five-year plan and which is part of a position distinct from the plan. + Article 14 (1) In establishing, by plan, the new capacities must be ensured both their optimal dimensioning, so that the requirement to avoid the transport of raw materials, products and labour, as well as to the extent possible, should also be met. the possibility of achieving capacities of the same size and profile-module capabilities-on several different sites. (2) For the realization of products necessary for the population and materials for construction, the plan will provide for the development of the small industry in the system of cooperation and of the folk councils, using local raw materials and resources Reusable. + Article 15 ((1) The durations of achieving the investment objectives-from the opening of the yard to the commissioning-including the period necessary to carry out the technological tests, will be within the following limits: a) up to 9 months, for the investment objectives whose execution projects are approved by the collective management bodies of the plants and enterprises; b) up to 12 months, for the investment objectives whose execution projects are approved by the collective management bodies of the ministries, the other central bodies, as well as by the executive committees of the county folk councils and the Bucharest Municipality c) up to 24 months, for the investment objectives of which the order notes are approved by presidential decree. (2) For the objectives of large proportions, of particular complexity or that are carried out under special conditions, as well as for those whose execution can only be carried out on certain periods of the year due to the nature and peculiarities to them, durations of realization higher than those of par. (1) shall be substantiated and approved with the order note. + Section 2 Annual Investment Plan + Article 16 (1) The annual investment plan shall be drawn up by the Council of Ministers and shall be subject to approval under the conditions laid down by law. (2) The annual tasks and provisions entered in the five-year plan shall be materialized and updated, within the framework of the annual plans, on the basis of the schedule of investment and economic contracts concluded, in accordance with the material resources, human and financial and taking into account the forecasts of the evolution of demand in the domestic and export markets, as well as other elements that lead to the improvement of the original provisions of the plan and to the increase of economic efficiency. + Article 17 (1) The registration in the annual plan of the investment objectives shall be made on the basis of the approved order notes, for the objectives that are approved by presidential decree. For the investment objectives whose order notes are approved by the ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, plants and enterprises, the registration in the annual plan of the investment objectives are based on the main technical and economic indicators of the order notes, approved by presidential decree. (2) Machines, machinery, means of transport and other investments of their nature-not included in investment objectives-as well as geological works, boreholes, afforestation works, plantations, combating soil erosion, landscaping meadows, ponds and puddles, deforestation, studies and field research, design expenses and other works and expenses assimilated to investments according to the law are entered into the plan in distinct lists. The lists shall be submitted upon approval with the adoption of the single national plan and shall be based on the justification of the necessity, opportunity, efficiency and other elements characteristic of each position, according to the provisions of the The lists shall be drawn up by ministries, other central bodies and executive committees of the county and county councils of Bucharest and shall be endorsed by the State Planning Committee, Ministry of Finance, Ministry of Supply Technical-Materials and Control of Fixed Funds Management and financing banks. ((3) The bodies referred to in paragraph 1. (2) will give their opinion for the registration in the annual investment plan of the endowment with new machines, machinery, means of transport and other investments of their nature, only in cases where the existing ones are used at the level of indicators Plan. ((4) The construction of dwellings-including commercial, social-cultural and service spaces located in the residential blocks, as well as the technical-urban and energy works related to them-shall be entered in the annual plan on the basis of lists encompassing the number of apartments on structures and counties, height regime, surfaces with destinations other than housing and total value by categories of use, in compliance with the systematization details approved according to the law. + Article 18 (1) The investment volumes included in the annual plan are established on the following structures: total investments; construction-assembly, of which constructions and installations; equipment with assembly; machinery without assembly; facilities and other expenses. (2) The annual plan shall establish, on ministries, other central bodies and executive committees of the county and county councils, the volume of technological equipment, in stock and in progress at the end of the year. (3) The annual plan provisions on each investment objective are based on the conduct established by the investment staggered charts; the execution works will also take into account the stages carried out in the previous periods. + Article 19 (1) In the annual investment plan, the investment objectives whose execution is expected to begin in the following years and for which the technical-economic documentation is to be elaborated, with the stipulation of the presentation deadlines upon approval of the order notes and execution projects. The new investment objectives that are not included in the five-year plan shall be nominated on the basis of the technical-economic foundation notes provided in art. 11 11 para. ((3). (2) Investment holders and units of scientific research, technological engineering and design have the obligation to ensure the elaboration and approval of technical-economic documentation, for these objectives, before the draft plan for the year in which the execution of the execution is envisaged. + Chapter 3 Elaboration, approval and approval of technical-economic documentation + Section 1 Typing of construction works + Article 20 ((1) Constructions of all categories within the investment objectives that are carried out in industry, transport, agriculture and other productive branches, as well as residential buildings, social-cultural and administrative objectives shall be designs and runs on the basis of type projects, approved according to the law, based on the opinion of the Commission for typing and standardization for civil and industrial construction, the State General Inspectorate for Investment-Construction and the Institute central research, design and directivation in construction. (2) The type projects establish the surfaces and main dimensions of the construction objectives, the constructive solutions, the limit consumptions of building materials and installations, as well as the maximum limit of the deviation price for the works of Construction-installations. (3) In the elaboration of the type projects, it will be followed that they can also serve as capacity projects the way that, through assembly, is used for the realization of objectives of the same profile with different sizes. + Article 21 (1) The printing of constructions is in close connection with the typing of production technologies and machinery, so that the dimensions of the buildings and other constructions correspond strictly to the needs of the proper conduct of the production processes. (2) For works in the industry, the surfaces and heights of the halls and other production buildings shall be dimensioned in strict accordance with the manufacturing process and the gauge of machinery and technological installations; minimum land areas, especially unsuitable for agriculture and which require low foundation costs, building and operation, location of outdoor machinery, ventilation and lighting of natural halls, dimensioning of construction thermal insulation in strict accordance with the order needs technology. (3) For investment objectives in the industry and in the field of service provision, type projects for small capacities will be drawn up to ensure the reduction of the transport distances of the raw material or the finished product, the use judicious labour force and operational adaptation of production to market requirements. (4) For the objectives of agriculture, animal husbandry, irrigation and land improvements, simple constructive solutions will be adopted in the type projects to use local materials on a large scale. (5) In transport objectives, road sections will be typified, with solutions to ensure that the use of bitumen is restricted to a minimum and the widespread use of local materials, zgs and ash trees. thermal power. + Article 22 At constructions of any kind only materials and building elements and typified installations will be used, as well as local materials and resources, under the conditions provided by law. + Article 23 The solutions adopted in construction projects must ensure the execution of works with minimal consumption of materials and energy, shortening of execution durations, durability and stability of constructions, increasing labor productivity in the work of designing and making investments, promoting efficient technologies in the execution of construction, reducing weight and their cost, creating optimal conditions for the deployment of functional processes and production, as well as the realization of a maximum operating efficiency. + Article 24 The execution details of the type projects are elaborated by the scientific research, technological engineering and design units in strict compliance with the provisions of the type projects and approved by the Central Research Institute, design and directivation in construction, for the constructions common to several branches, for the residential buildings, the social-cultural and administrative objectives and by the ministry or the central branch coordinating body, for the constructions specific to the branch he responds to. + Article 25 (1) Ministries and other central branch coordinating bodies shall be responsible for drawing up and submitting to the approval of the type projects necessary for the implementation of investments in their field of activity, in accordance with the typing plan, which shall integral part of the single national economic and social development plan. (2) The construction projects developed by the ministries and other central branch coordinating bodies, for the objects in their field of activity, are mandatory for all units that have to design and execute such works, regardless of their subordination. (3) The ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, the scientific research, technological engineering and design units have the obligation to ensure the continuous improvement of the type projects, as well as the development of new projects, according to the provisions of the typing plan + Section 2 Elaboration of technical-economic documentation + Article 26 The technical-economic documentation for the investment objectives are: the order note and the execution project. + Article 27 (1) The order note shall be established: the capacity expressed in physical units, the necessity, the economic efficiency and the technical and economic indicators of the investment objective-compared to similar objectives, with technical-economic performance high in the country and abroad-technology, production profile, product quality and characteristics, duration and stages of realization, site, nature of the fuels used, how to ensure raw materials, fuels and energy, the way of sale of products-domestic and export-the maximum limit of specific consumption of raw materials, materials, fuels and energy, established on the basis of rules, cooperation in the area, elements and general plan indices. (2) The order note specifies the type of construction projects after which the component objects of the investment are to be executed or-as the case may be-the capacity of the module after which the new objective will be realized, as well as the conditions and to land. In special situations, when production processes, site or other requirements require the use of unique projects, it will be justified and approved, for each individual case, by the order note. (3) The order notice shall be drawn up by ministries, other central bodies, plants, enterprises, other socialist units, committees and executive offices of the popular councils and scientific research, technological engineering and design. The elaboration is made in compliance with the provisions of the five-year plan and is based on the updated studies and elements provided in art. 11 11 of this law. + Article 28 (1) The execution project is the documentation that technically details, deepens and concretizes, through solutions, the elements in the order note. (2) When adopting the solutions from the execution project, the technical and economic indicators and the other provisions of the order note must be ensured. (3) For investment objectives consisting of a production capacity the module capacity execution project is used, adapted to the field. (4) The execution project shall be developed by units of scientific research, technological engineering and design within the period stipulated in the approved order note. + Article 29 During the elaboration of the execution project, the general designer together with the ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, the plants and enterprises beneficiaries of investments, as well as with other factors participating in the realization of the investment, the following documents, which present themselves with the execution project: a) the investment staggered chart, which establishes the execution of the execution of construction-assembly works and the performance of technological samples, in accordance with the durations and with the deadlines for the commissioning of the planned capacities; b) the delivery schedules of the machinery, establishing the delivery times of the machines, machinery, equipment, installations and technological lines in accordance with the schedule of the investment; c) the employment insurance chart, which sets out the manner and the period of recruitment and training of the staff necessary for the beneficiary in order to exploit the capacities normally; d) the chart for the realization of the main technical and economic indicators: production, labor productivity, costs and benefit; e) the program of tracking the behavior in time of the construction objects established by the designer and the beneficiary; f) documentation for obtaining and releasing the land necessary for the investment objective and site organization and other documentation necessary to obtain the agreements and approvals provided by law. + Article 30 (1) The execution projects for industrial investment objectives contain manufacturing technologies that were, in advance, approved according to the law. (2) The scientific research, technological engineering and design units, together with enterprises, plants and investment titulation ministries, machinery suppliers, as well as the National Science and Technology Council, are required to to continuously improve manufacturing technologies, to design new technologies and machinery with high quality and functional performance, so as to ensure the achievement of industrial objectives with minimum consumption of raw materials, materials, fuels and energy, at the level of the best achievements achieved in country or world. + Article 31 The execution technologies, the constructive solutions and the project of organization of the yard are established by the general designer together with the general contractor and the main specialized entrepreneurs, during the elaboration of the execution project. + Article 32 (1) In the execution projects are provided general plan solutions, constructive solutions and field adaptation of the type projects leading to the reduction of the volume, weight and cost of constructions, of the occupied land areas, to consumptions smaller building materials and, in particular, energy-intensive materials, at the installation of a larger volume of outdoor machinery, at the shortening of execution durations, at the lifting of the efficiency of the works. (2) The execution projects will adopt technologies, production flows and systems of organization of production and work to ensure the superior processing of raw materials and materials, with minimal consumption of fuels and energy, high productivity, high quality products, minimal spending and achieving high efficiency. + Article 33 The ministries, the other central and local bodies, the plants, the enterprises, the other economic and social units are obliged to analyze, during the elaboration of the execution projects, the solutions adopted and to pursue their the provisions of the law, order notes and technical prescriptions. + Article 34 (1) The details and the execution estimates on the objects shall be elaborated for the field adaptation of the type projects and for the unique objects provided in the order note, in strict accordance with the solutions and provisions of the approved execution project. The construction-assembly works are carried out on the basis of type projects and execution projects, with the clarifications in the execution details, and it is settled on the basis of the execution estimates. The details and the execution estimates shall be drawn up by the scientific research, technological engineering and design units and shall be approved by the collective management body of the responding investment beneficiary, together with the designer, compliance with the provisions of approved execution projects. (2) In the elaboration of details and execution estimates, the scientific research, technological engineering and design unit, together with the beneficiary of the investment and the general contractor, may give up some objects or compress objects provided in the execution project, if the technical-economic indicators, functionality, working and operating conditions are maintained or improved, the technical measures of occupational safety, hygiene, security against fires, water management and environmental protection, and the changes that are made contribute either to the reduction of the costs of construction or the consumption of deficient materials, or to the shortening of the duration of execution and the total value and the approved construction-assembly is not exceeded + Article 35 The framework content of the order note and the execution project, as well as the agreements necessary for their elaboration, are set out in Annexes no. 1 1 a-d and 2. + Section 3 Approval and approval of technical-economic documentation + Article 36 (1) The order notes and the execution projects shall be considered in the technical-economic councils or commissions, shall be debated and appropriated by the management boards of the ministries and other central bodies, the councils of the working people of the plants and businesses, as well as the executive boards and executive offices of the popular councils, as appropriate, according to the law. (2) The collective management bodies referred to in par. (1) respond to the content of the order notes and execution projects, to obtain the agreements and opinions provided by the law, as well as to comply with the legal provisions, approvals, agreements received and the opinions remaining final. + Article 37 (1) The order notes for the important investment objectives are approved by presidential decree, for each objective and by the collective management bodies of the ministries, the other central bodies, the plants and enterprises, as well as the executive committees of the county folk councils and the city of Bucharest, for the other objectives, according to the competences in Annex no. 3. (2) For the investment objectives whose order notes are in the competence of the ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, the plants and enterprises, the Council of Ministers present at the approval, by presidential decree, the main technical-economic indicators in the order notes, according to Annex no. 4. The investment lists, comprising the main technical and economic indicators, shall be drawn up by the ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest and shall be subject to approval after Their examination in the Investment Coordination Council. + Article 38 (1) For the investment objectives whose order notes are approved by presidential decree, the execution projects shall be approved by the Council of Ministers. In cases where it falls within the technical-economic indicators of the approved order note, the execution projects for these objectives shall be subject to approval by presidential decree. (. For the other investment objectives, the execution projects shall be approved according to the competences of Annex no. 3. In cases where the execution projects do not fall within the technical and economic indicators of the respective investment objectives, the technical and economic indicators of the respective investment objectives shall be subject to approval by presidential decree. shall be subject to approval by presidential decree. + Article 39 (1) The order notes and the execution projects that are approved by presidential decree shall be appropriated, in advance, by the Council of Ministers, at the proposal of the Council for the coordination of investment activity. The execution projects, which are approved by the Council of Ministers shall be appropriated, in advance, by the Investment Coordination Council. (2) The order notes and the execution projects provided in par. (1) shall be analyzed in the Investment Coordination Council, on the basis of the unique opinion of the State Planning Committee, the Ministry of Finance, the Ministry of Technical-Materials Supply and the Management of Fixed Funds Management, The National Council for Science and Technology, the State Committee on Prices, the State General Inspectorate for Investment-Construction and the financing banks and, as the case may be, of the Ministry of Foreign Trade and Economic Cooperation International and the People's Councils Committee. (3) Order notes and execution projects which-according to the provisions of Annex no. 3 to this law-approved by the ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, plants and enterprises shall be approved, in advance, by the financing banks. (4) The execution projects within the competence of ministries, other central bodies and executive committees of the county and county councils shall be approved by these bodies only after the verification of constructive solutions, by State General Inspectorate for Investment-Construction and Industrial Technologies, by the National Council for Science and Technology. (5) The single opinion, namely the opinion of the financing banks, shall be given within 15 days for the order notes and 20 days for the execution projects. (6) The execution projects that are carried out on the basis of module capacities, as well as those of the objectives that are carried out in full on the basis of type projects are no longer subject to the approval if the value and the other technical-economic indicators fall within the provisions contained in the order note or in the investment lists provided for in art. 37 37 para. ((2), as the case may be, and shall be approved by the collective management body of the investment beneficiary. ((7) The lists comprising the machines, the machinery, the means of transport and the other investments-provided in art. 17 17 para. ((2)-is based on the elements of Annex no. 5. The lists shall be appropriated, before the presentation to the approval, by the collective management bodies of the ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest. + Article 40 The ministries, the other central and local bodies that are tasked to give their consent to technical or economic data from the order notes and execution projects and to provide the design elements for the new investment objectives-with location, utilities, raw materials, fuels and energy, machinery, disposal of products, railways and roads, land occupation and other elements-are obliged to respond to requests for agreements or to provide the elements necessary during the preparation of the order notes and execution projects within maximum 15 days after receipt of applications, if the law does not provide for another term. + Article 41 After the approval of the order notes and the investment lists provided for in art. 37 37 para. (2) the completion of the execution project, the adaptation of the delivery contracts in the country and the import contracting of the long-cycle machinery, the typified or repeated machinery, under the conditions provided by law, shall be completed. + Article 42 The approved execution project represents the technical-economic documentation on the basis of which it is ensured, under the law: a) the adaptation of the execution contracts of construction-installation works; b) adaptation of machinery delivery contracts in the country and contracting of import machinery, other than those provided in art. 41 41; c) opening the financing of the investment and starting the execution of construction-assembly works, with the fulfillment and the other conditions established according to the law. + Chapter 4 Making investments + Article 43 The transition to the realization of any investment is made only if it is provided in the plan, it has ensured the execution documentation, the technological machinery and all the other conditions necessary for the realization and commissioning at the planned deadlines, including approvals for demolition or decommissioning of fixed funds, the use of fuels, land removal from the agricultural circuit or from the forest fund, as well as other approvals provided by law. + Article 44 (1) In order to achieve the investment objectives, the beneficiaries will conclude economic contracts with the general designers, the technology suppliers, the general suppliers and the other machinery suppliers, as well as the general contractors and specialized entrepreneurs, in accordance with the provisions of the law. (2) The contracts shall establish the obligations and liabilities of the parties, the terms of execution, penalties and damages for the non-performance of the obligations assumed. The provisions of the contracts must ensure the realization of the planned investment and construction volumes, as well as the commissioning of the capacities at the deadlines provided for in the plan. (3) When adapting the contracts, the beneficiaries, the scientific research units, the technological and design engineering, the construction-assembly units and the machinery suppliers are obliged to observe the deadlines for teaching the documentation execution and delivery of machinery, as well as the deadlines for the execution of construction-assembly works, established in approved graphs. + Section 1 Ensuring investment projects + Article 45 (1) The investment beneficiaries have the obligation to contract the elaboration of the technical-economic documentation necessary for the realization of an investment objective with a single design unit, which will perform the function of general designer. (2) The general designer is the unit of scientific research, technological engineering and design that has the task to ensure the elaboration of all technical-economic documentation on the basis of which an investment objective is carried out. The general designer responds to compliance, according to the law, of the technical and economic solutions provided in the documentation, to the pursuit of their application until the approval of the approved indicators, as well as to the teaching of the documentation provided for in the economic contract concluded with the beneficiary (3) For the elaboration of parts of technical-economic and project documentation, which fall within the profile of other design units, the general designer will conclude contracts with the design units, which perform the function of specialty. The specialized designers have the obligation to conclude design contracts for the works that fall within their activity profile, with teaching deadlines correlated with the final deadline established by the contract concluded between the general designer and the beneficiary of the investment and answer the solutions they adopt. (4) For the low complexity investment objectives, the beneficiaries may develop, with their own means, the technical and economic documentation or parts thereof. (5) The general designer can contract with the construction-assembly unit the elaboration of parts of the execution projects as well as details and execution estimates; in this case, the construction-assembly unit has the function of specialized designer for contracted design work. + Article 46 (1) For the important investment objectives, the ministries, the other central and local bodies, which subordinate scientific research, technological engineering and design units, will appoint the project head and the project team, ensuring their stability and continuity in the design activity; they will be responsible for the entire design activity until the production of the capacities and the achievement of the approved indicators. (2) The teams of technological engineers and designers will conclude the contract-contract, according to the annexes no. 6 6 and 7. + Article 47 (1) All data on production capacity and profile, technology, functionality, location, operating conditions of the new objective, technical and economic indicators of the limit and other data necessary for the designer for elaboration the contracted technical-economic documentation shall be made available to it by the investment beneficiary within the time limits provided for in the contracts. (2) The designer is obliged to elaborate and teach the documentation under the conditions stipulated in the contract and in the schedule of staggered investments, to control on the ground the application of them and the quality of the works. + Article 48 The handover to the construction-assembly units of details and execution estimates for the entire construction-assembly volume provided in the plan will be ensured in the technological order of execution of the works established in the staggered graphs of investments, within the following deadlines: a) until the end of the first semester of the year preceding that of the plan, for the investment objectives that continue from the previous year; b) at least 6 months before the start date of the execution of works, for new investment objectives. + Article 49 The scientific research, technological engineering and design units shall be responsible for the elaboration and content of the technical-economic documentation of the investment objectives and shall have the following main tasks: a) ensure the overall conception of the projected objectives and respond to the level of technical and economic indicators, the possibility to achieve them, the economic efficiency of the capacities and objectives that project them, the solutions adopted, the the application of technical and economic directives and prescriptions; b) adopt modern technologies, equipment, equipment, installations and technological lines, mainly typified, to ensure high efficiency, high labor productivity and low energy consumption; c) establish, together with the construction-assembly units, rational general plan solutions and the latest and most efficient constructive solutions, to ensure resistance, stability and safety in operation, reduction of consumption of materials, fuels and energy, as well as execution durations; d) provide technical assistance during the execution of construction-assembly works, during the period of carrying out technological samples and at the commissioning of capacities, as well as in the stages of realization of approved technical-economic indicators. + Section 2 Execution of construction-assembly works + Article 50 (1) The construction-assembly works of the investment objectives shall be executed by the construction-assembly units established to perform the position of general contractor or specialist contractor. (2) For the execution of works or parts of works that are not in their profile, the general contractors may conclude contracts with sub-contractors subordinated to the same higher hierarchical organ. The deadlines in these contracts will be correlated with the deadlines set out in the investment schedule schedule and in the contracts concluded with the investment beneficiaries. ((3) The general contractor is the construction-assembly unit that has the task to ensure the construction of construction-assembly works of an investment objective according to the plan tasks, on the basis of general contract, concluded with the investment beneficiary. The general contractor responds to the execution of works by own forces and to the coordination of those that are carried out through subcontractors, as well as to the handover of works to the deadlines in the contract, in accordance with technical-economic. ((4) Centrals and enterprises-investment beneficiaries-are obliged to execute, as a rule, by their own forces-in directing-machinery montages, construction works and installations necessary for the reuse of existing capacities, other construction works and installations of current technicality in the premises of the units, works with a low degree of complexity in the agricultural sector. + Article 51 (1) Coordinators of industrial areas or platforms, their general contractors and the general designers who develop the coordinating organization project shall be established by presidential decrees approving the respective areas or platforms, on the proposal of the executive committees of the county folk councils or the city of Bucharest, with the agreement of the ministries and other central bodies concerned, of the State Planning Committee and of the Committee on the Issues of Councils Popular. (2) The function of coordinator shall be assigned, as a rule, to the executive committee of the county folk council or of the city of Bucharest, in whose territorial area the area or industrial platform is located. + Article 52 The coordinator of the industrial area or platform organizes and pursues the correlation and in a unified conception of the investment objectives within them, establishes, together with the beneficiaries of the investments in the area, the profile and the value works of common interest-related and common use-care for their registration in the plan and ensure the necessary technical-economic documentation, at deadlines correlated with those of the works they serve, as well as with the coordinating chart of area or platform. + Article 53 (1) The execution of construction-assembly works for all objectives located in the area or industrial platform shall be ensured on the basis of a coordinating organization project. (2) The coordinating organization project, elaborated by the general designer of the area or platform, shall be established: a unique production base on the entire area or platform, a unique base of machinery and means of transport, warehouses and annexes unique social-administrative, to be used jointly, both by the general contractor, by the specialized units working in its subdivision, as well as by the specialized entrepreneurs. + Article 54 The execution of the organizing works is made according to the provisions of the project of organization of the yard and within the limits of the funds established with this destination by the general estimate, which cannot be exceeded or used to finance other works and expenses. + Article 55 For the normal execution of the execution on construction sites, the beneficiaries have the obligation to ensure-at the deadlines and under the conditions provided in the graphs and in the contracts-the handover of the sites, the project, the details and the execution materials that fall into their task, the financing and settlement of works, executed and the other conditions established by law. + Article 56 Investment beneficiaries, scientific research, technological engineering and design and construction-assembly units will organize and stagger the execution of works on construction sites, so that only works will be carried out during the winter period. enclosed spaces, or those external works whose execution does not require consumption of heating fuels. + Article 57 ((1) The savings made by the construction-assembly units through their effort, resulting from the improvement of the solutions provided for in the projects and the details of execution, of those regarding the execution technologies or from other rationalizations, accepted by the general designer and the beneficiary, will be reflected in the economic and financial activity of the construction-assembly units. ((2) The achievement of the savings must be done in compliance with the functionality, safety in operation, safety of work, quality of works and approved technical-economic indicators, as well as provided that some materials are not replaced by others energointensive. The savings are determined against the outputs of execution on objects. + Article 58 The construction-assembly units are responsible for the execution of the works on the terms and quality provided in the technical-economic documentation and have the following main tasks: a) collaborate, during the elaboration of projects, details and execution estimates, with scientific research, technological and design engineering units and with the investment beneficiary, when establishing constructive solutions, the execution technologies, the solutions for the organization of the yard, as well as the elaboration of the investment staggered charts; b) details the project of organization of the yard, which returns to it as a task on the basis of the execution project, ensuring the judicious use of the means provided for this purpose; c) execute the construction-assembly works in accordance with the schedule of the investment, with the obligations assumed by contracts, in compliance with the constructive solutions approved by the technical-economic documentation, norms and norms construction and quality conditions; d) ensure compliance with the norms of consumption of materials and continue their reduction, through the application of appropriate technologies, through good management on construction sites and the widespread use of local materials; e) organize and ensure the smooth conduct of production and work processes on construction sites, the use of construction machinery and means of transport with maximum efficiency; f) elaborates and applies advanced technologies for the execution of construction-assembly works, leading to increased labor productivity, lifting of the quality of works, shortening of execution durations and ensuring the security of work on the construction site; g) organize quality control throughout the realization of the works and respond to the quality of the executed works. + Article 59 The units that perform the installation of the technological equipment are obliged to perform the mechanical tests-before, in the course or after the installation is finished-according to the assembly instructions, the technical prescriptions and the provisions technical-economic. They also have the obligation to carry out the mechanical fruitfulness in empty, with the operation of technological machinery, for the duration established by suppliers or by technical prescriptions, to verify the operation of the components of the moving machinery and ensuring the operating regime established by the technical conditions of the machinery. + Section 3 Provision of investment machinery + Article 60 Machinery, machinery, equipment, installations and technological lines, including measuring and control devices, necessary to achieve the investment objectives-referred to in this law as machinery-will be provided by the investment beneficiaries, at deadlines leading to the realization of the volume of investments and the commissioning of capacities, according to the provisions of the plan. + Article 61 ((1) If the achievement of an investment objective requires the use of complex supplies-machinery, equipment, installations and technological lines-they shall be provided by the general supplier with whom the beneficiary concludes a single contract. For the other machinery, the investment beneficiaries shall conclude contracts with suppliers in the profile of which the production of the respective machines (2) The general suppliers and other suppliers-referred to in this law as suppliers-shall be responsible for the delivery of the machinery within the time limits laid down in the contracts, on the basis of the machinery delivery schedules Beneficiaries are obliged to ensure that-between the moment of taking over from suppliers and the time of handing over to the assembly-the duration of parking on the construction sites of the machinery to fall within the norms provided by law. + Article 62 (1) Providers have the obligation to ensure the delivery of machinery to the prescribed qualitative parameters, in which purpose they carry out all the samples provided for in technical-economic documentation, standards, specifications and others, according to the law. (2) In order to ensure the conditions of use of the machinery, the beneficiary is obliged to hand over to the supplier, at the terms of the contract, the machinery projects or to appropriate them, if they have been developed by the supplier. (3) The machinery necessary to achieve the investment objectives shall be subject to approval under the conditions provided by law. (4) In order to achieve short erection durations on the site, suppliers have the obligation for complex machinery to ensure the assembly in the plant of the component parts, according to the provisions of the technical documentation, to verify the strict classification in their technical and quality prescriptions and actually participate in their installation on the site. + Article 63 (1) The machinery suppliers shall be obliged to provide technical assistance at the installation of the machinery, to carry out the technological tests and to the commissioning of the capacities, to remedy the defects of the machinery that occurred during the samples and within the Their warranty. (2) The machinery suppliers will ensure the delivery of the spare parts of the first equipment and the training of the personnel to exploit the delivered machinery. + Article 64 The contracting of imported machinery can only be done if they cannot be obtained from domestic production and if they have been approved according to the law. + Article 65 (1) In the case of imported machinery, approved according to the law, the ministries, the other central bodies, the executive committees of the county folk councils and the city of Bucharest, together with the machinery suppliers, the general designer and external trade enterprises, will aim to sign up firm obligations of suppliers in the machinery import contracts, as: the delivery of documentation for spare parts and for special materials, as well as the necessary equipment the implementation of the machinery intended to be produced in the country; training of operating personnel; ensuring the verification of machinery in operation at the supplier or within other enterprises abroad, as the case may be, according to the obligations provided by law; Technical and economic machinery. ((. Contracts shall be concluded on the basis of the order-contract notes set out in Annex no. 8 and the applications and technical import sheets, which shall be endorsed and approved under the conditions established by law. + Section 4 Commissioning of investment objectives + Article 66 ((1) The commissioning of the capacities shall take place on the date on which the assembly of works, machinery and installations composing the capacity achieves the level of production or activity and the other indicators established by the graph for the exploitation, assortment and quality prescribed in the documentation, in conditions of complete safety of work and machinery. Investment beneficiaries have the obligation to ensure compliance with the planned deadlines for the implementation of the objectives. (2) The commissioning of production capacities shall be carried out only after the completion of the technological evidence and the demonstration of the achievement of the normal working regime and the normal operating conditions, established according to the law; respond to the preparation in advance and to complete and correct the technological evidence. (3) Investment beneficiaries will proceed to the performance of technological evidence, after taking over them the general contractor, on the basis of reception, objects, installations and works that condition the entry into production of capacity. (4) Investment beneficiaries and construction-assembly units have the obligation to provide-for technological samples or with the commissioning of capacities, as the case may be,-the putting into use of wastewater treatment plants and other waste water treatment plants. installations, provided in the approved technical-economic documentation, which are to ensure the protection of the environment. + Article 67 Investment beneficiaries are obliged to make the reception of machinery and installations in a position to be able to give production independently and to put them into operation-given that they are economically justified, even if they are not finished all works-with the security of machinery and installations and their normal operating conditions. + Article 68 Investment beneficiaries have the obligation to ensure the training of the worker staff necessary for the new investment objectives, in accordance with the provisions of the labor insurance charts, contained in the execution project. Staff training is done in existing units with similar profile, by participating in the production process and with the payment of retribution corresponding to the work performed. + Article 69 (1) Incadres in labor, use and retribution of labor by investment beneficiaries-during the execution of works and until the beginning of production-will be done, according to the law, so that in none of the stages should be used Working staff above the number which, according to the schedule, corresponds to the actual stage of execution in which the investment reached that stage. (2) The directly productive worker personnel shall be in accordance with the commencement of technological evidence or in proportion to the production carried out, with the rigorous observance of the labour insurance chart and the retribution fund. planned. (3) In situations where the execution and the technological evidence are carried out with delay to the terms of the schedule of the investment, or the production is not carried out at the planned level, the economic units are obliged to take measures as the working staff shall be used in manufacturers, units with a similar profile or other units in the other sectors of activity. (4) The technical, economic, other specialized and administrative staff-from the functional apparatus-can be employed at the establishment of the economic unit only within the limit of the number approved by the act of establishment. The further framing of this staff can be done only as the production is carried out and proportional to it, according to the chart. (5) The number of technical, economic, other specialized and administrative personnel will be able to be classified at the level provided for in the organizational chart type of the unit only after the realization of all approved technical-economic indicators. (6) The financing banks have the obligation to exercise rigorous preventive control over the manner in which the retribution fund related to the working staff is used. They will issue the retribution fund only in relation to the needs imposed by the physical stages of carrying out investment works. + Section 5 Reception of investment objectives + Article 70 (1) Investments shall be received by reception commissions appointed for this purpose, which shall carry out the complete verification of the achievement of the objects and of the investment objective as a whole, in accordance with the approved technical-economic documentation, the completion and quality of construction works and installations, the normal operation of machinery and technological installations, the fulfilment of all conditions for the commissioning of capacities and the realization of technical and economic indicators Approve. (. The reception committee shall be responsible for the reception and shall decide to accept or reject it. (3) For the investment objectives whose execution projects are approved by presidential decree, the reception committee shall be appointed by the Council of Ministers. For the other objectives, the reception committee is appointed by the body that approved the execution project. (4) For the investment objectives of particular importance, the chairman of the reception committee shall be appointed among the management positions in ministries, other central or local bodies of the state administration, and in the composition of the committee shall be appoint scientists, engineers, foremen and highly skilled workers, among those who form the core core of the personnel who take over the investment objective towards exploitation, as well as other specialists. (5) The reception committee may not include the members of the design, execution, works supervisors, representatives of machinery suppliers and staff of ministries, other central and local bodies, plants as well as the the investment beneficiary, who participated directly in the achievement of the objective. + Article 71 (1) The reception of investment objectives shall be carried out in the following stages: a) the reception of construction-assembly works, which is done in two phases, in compliance with the conditions provided for in the approved technical-economic documentation and the provisions of the technical prescriptions: -preliminary reception, which takes place throughout the realization of the investment objective, as the component objects are finished or parts of objects that can operate independently and after performing-when applicable mechanical and mechanical fruitfulness of the technological facilities and equipment contained in these objects; housing, social-cultural and administrative buildings are subject to preliminary reception only if they have provided water, heat and energy required, elevators, channel connections and access routes and units intended for units commercial, food and service benefits included in the respective objective are finished; -the final reception, which takes place on the expiry of the period of guarantee of construction-assembly works; b) the reception of the production capacities, which is carried out at the end of the technological tests and aims to verify the fulfilment of the conditions for the normal operation of machinery and technological installations, so that ensure the achievement of the level of indicators provided in the chart, the quality of the products according to the execution project and the realization of the other conditions provided in the approved technical-economic For housing, social-cultural and administrative constructions the commissioning is based on the preliminary reception of construction-assembly works; c) the final reception of the investment objective is made on the date approved for the realization of the technical-economic indicators and aims to confirm the realization of the approved technical-economic indicators and to fulfill all the conditions to ensure normal operation, at full capacity and in conditions of efficiency, of the investment objective, according to approved technical-economic documentation. (2) The investment objectives in whose composition the production capacities are not included shall be subject to the final reception after the final reception of the last investment object, when the mode of behaviour is checked, on the whole and on the part of the investment. exploitation of objective. + Article 72 The final reception minutes shall be subject to the approval of the same organs which have appointed the reception committees. + Article 73 (1) With the commissioning of the production capacities and the other objectives in the sphere of material production, the investment activity shall be concluded and the production or service activities planned shall begin; for all other objectives the investment activity ends with their putting into use. (2) After the commissioning of the production capacities and objectives only the works can be continued and only the expenditure of the general estimate specified by the minutes of reception of the commissioning, which have no influence on the normal operation of capacity or objective. + Chapter 5 Capital repairs + Article 74 (1) Capital repairs represent the complex of works that are executed on fixed funds, after the expiry of each operating cycle provided for in the technical regulations for the repair of fixed funds in operation and aimed at ensuring maintaining their technical-economic characteristics throughout the normal service life. (2) The capital repair activity also includes the capital repair part that is carried out in the framework of the general revisions of machinery and technological installations, as well as their modernization whenever possible, under conditions economic, which leads to the improvement of the technical and economic parameters corresponding to the similar types that occur during the performance of capital repair, to the increase of yields, the reduction of energy consumption and raw materials, increasing the degree of automation, increasing production capacity and improving product quality. (3) In carrying out the capital repairs of buildings, special constructions, machinery, installations, means of transport, as well as the other fixed funds will be considered the provisions of this chapter and the technical norms for repair Fixed funds provided by law. + Article 75 (1) The capital repair tasks shall be entered in the annual plans, in separate lists, taking into account the implementation of the fixed funds operating cycles, provided for in the technical regulations for the repair of fixed funds and the need for execution to them at the due dates; through the plan, the total capital repair volumes with their breakdown for construction and machinery are established by the plan. ((2) The lists shall be submitted upon approval with the adoption of the single national plan and shall be based on the justification of the necessity, opportunity, efficiency and other elements characteristic of each position. ((3) The lists shall be drawn up on ministries, other central bodies and executive committees of the county and county councils of Bucharest, on plants and enterprises and shall include the capital repairs for the main technological equipment, buildings and constructions, as well as for the groups of more important standardized machinery, the cost of works, the executors and the deadlines for their realization. (4) The stages and manner of elaboration and approval of the capital repair plans and general revisions are those provided for in the Law on the planned economic and social development of Romania. + Article 76 The technical-economic documentation provided by law for capital repairs shall be drawn up by compartments of units holding fixed funds or-as the case may be-by specialized units and approved by the collective management bodies of these, following compliance with the provisions of the technical norms for the repair of fixed funds. + Article 77 (1) The expenses necessary for the timely and good quality execution of the capital repair works, established in accordance with the provisions of the technical regulations for the repair of fixed funds, shall be provided in the capital repair plans and in revenue and expenditure budgets. For budget units, the necessary funds shall be provided according to the revenue and expenditure budget. ((2) The expenses incurred for the execution of capital repair works shall be included in the costs of production, service provision or in circulation expenses, as the case may be, under the conditions established by law. (3) In order to avoid uneven loading of annual production costs, the capital repair costs of important machinery may be staggered by annual quotas corresponding to the capital repair cycle; with the annual plan proposals, the list of these machines. + Article 78 Savings at costs and benefits obtained by state economic units as a result of failure to carry out planned capital repairs shall be deemed to be carried out without their own effort and shall not be taken into account in determining the material incentives to be granted on Account for meeting and exceeding planned benefits. + Article 79 (1) Ministries, other central and local bodies of the state administration, industrial plants, undertakings and other establishments are required to ensure the timely execution of all capital repairs provided for in plan; to this end they will ensure the development of capacities in the capital repair sectors of fixed fund holders, the capacities of enterprises specialized in the repair of machinery and machinery, as well as the expansion and diversification of the network of enterprises specialized in carrying out repairs capitals of various categories of machinery. (2) The capital repairs of machine tools and general purpose machinery will be carried out centrally, by geographical areas, ministries, industrial plants or groups of enterprises. (3) The industrial plants that coordinate the activity of the machinery manufacturing enterprises, as well as those that have in the subordinate enterprises holding machines, machinery and technological installations important, will provide the necessary technical assistance execution within the planned deadlines of good quality capital repairs. + Article 80 (1) Ministries, industrial plants and enterprises producing machinery, machinery, installations and apparatus of measurement and control, as well as those that cooperate in their realization, are obliged to provide spare parts and subassemblies for the repair and maintenance of the respective fixed funds, in the quantities, the quality and the conditions established by law. (2) In contracting the imports of machinery, machinery and installations, the beneficiary units are required to provide by contracts the spare parts necessary for the first endowment, as well as the technical execution documentation for the spare parts whose manufacturing is to be assimilated into the country. The responsibility of manufacturing in the country of spare parts necessary for the repair of imported machinery, machinery and installations lies with the beneficiaries who, together with the Ministry of Machine Construction Industry, develop for this purpose assimilation programs and ensures the organization of the manufacture of spare parts necessary in its own wards or, as the case may be, by cooperation have other economic units (3) For machinery and series machinery, as well as parts of technological installations subject to the operation of a more pronounced wear regime, the subassemblies to replace the worn ones within the framework shall be ensured in advance. capital repair works, following the used subassemblies to be repaired and prepared for use at the next capital repair. (4) Executants of repairs, balance coordinators together with ministries, other central and local bodies have the obligation to ensure the maximum efficiency reconditioning of used spare parts, resulting from repair works capitals, as well as those resulting from the dismantling of fixed funds out of service. + Article 81 The reception of capital repairs shall be carried out by reception commissions appointed by the collective management bodies of the immediately superior hierarchical organs. The reception committees respond, together with the executors of the works, to the quality of the repairs carried out, which must ensure the normal operation of fixed funds for the entire duration corresponding to the normal cycles of capital repairs. + Article 82 The State Planning Committee and the Ministry of Technical-Materials Supply and Management Control of Fixed Funds together with the plan holders and the balance of spare parts coordinators, ensure the enrolment in the plan projects the tasks and means necessary to carry out capital repairs, including the production of spare parts necessary for their execution. + Article 83 The Ministry of Technical-Materials and Management Control of Fixed Funds exercises control over how they are brought to fruition by enterprises, plants and ministries tasks regarding planning and insurance capacities for the execution of repairs and spare parts, as well as the timely and good quality execution of capital repair works. + Chapter 6 Financing of capital investments and repairs + Article 84 (1) Investment financing is made under the conditions and strict observance of the law. (2) The investments provided for in the single national economic-social development plan shall be financed from the funds constituted by the investment beneficiaries, according to the provisions of the revenue and expenditure budget, under the law. (3) In investment plans shall be provided for each objective, work or investment expenditure the funds from which it is carried out and financed. + Article 85 (1) Ministries, other central and local bodies, plants, enterprises and state institutions are required to ensure that, when the investment objectives and works are entered into the plan, they will have the resources necessary for uninterrupted financing, according to the schedule of staggered investments and plan provisions, and after entering production, they will have the funds to reimburse the amounts received, according to the principle that the amounts advanced by the company must be returned. ((2) The distribution of funds for new investment objectives shall be made only after providing the necessary financial means for the commissioning of the capacities and objectives of the plan year, as well as for the realization of physical stages provided in the schedules of the investment in the other works in progress. + Article 86 (1) The funds necessary for the financing of investments shall be constituted by the specialised banks and shall be used under (2) It is forbidden to commit expenses, to contract works or deliveries for investments, regardless of the nature, volume or source of financing from which it is borne, if the investment has not been entered into the single national development plan economic-social, does not have the resources provided according to the revenue and expenditure budget and, as the case may be, does not have the documentation provided by + Article 87 (1) The opening of the financing and the start of the execution of the investment objectives shall be approved, at the request of the holders and investment beneficiaries, only if all the conditions provided by law are ensured, necessary to achieve them at the deadlines ((2) The approval of the opening of the financing and the commencement of execution shall be a) Council of Ministers, for investment objectives whose execution projects are approved by presidential decree or by the Council of Ministers, ministries, other central bodies and executive committees of the county folk councils and the city of Bucharest; b) The Board of Coordination of Investment Activity, for the investment objectives whose execution projects are approved by the plants and enterprises. (3) The verification of the fulfilment of the conditions provided by the law for the opening of the financing and the start of the execution of the works 9. ((4) Banks shall grant investments only if the conditions laid down by law are fulfilled. (5) It is forbidden to start works, namely to carry out expenses, before the banks have communicated the admission to the financing. + Article 88 (1) The payment of construction-assembly works and other investment expenses shall be made according to their effective implementation, with strict observance of the annual destination and volumes established by the plan, the provisions of the approval documents and the technical and economic documentation of the investment and within the limits of the funds. (2) The financial and banking bodies shall also follow if: a) the value of the projected works was established on the basis of the approved legal tariffs, and for the respective works the type projects and the other indications regarding the design were applied, provided in the approved order notes; b) the construction-assembly works are carried out in accordance with the approved execution projects, respectively with the details and the approved execution estimates, with the norms and norms in force; c) the machines were purchased within the volumes established by the plan and in the revenue and expenditure budget and in compliance with the normal duration, determined from their receipt by the beneficiary and until their handover to the assembly; d) the retribution fund for the staff necessary for the new investment objectives is used according to the law, in full accordance with the provisions of the labor insurance charts, corresponding to the actual execution stages in which it arrived the investment at that stage. + Article 89 (1) After the planned commissioning or commissioning of the planned capacities, the banks together with the investment beneficiaries and the general or specialist contractors, as the case may be, on the basis of approved reception minutes, shall verify the just determination of fixed funds that are subject to depreciation, the legality of the remaining expenses to be carried out after the commissioning and will set deadlines for the closure of the yard and the financing. (2) After the expiry of the deadline for closing the financing, the banks will no longer finance any investment expenses, and the remaining funds available will be passed to the plan reserve and, as the case may be, to the budget reserve. + Article 90 The banks finance the capital repair works on the basis of the capital repair plan, the revenue and expenditure budget and the technical documentation developed and approved according to the rules in force. + Chapter 7 Duties, liabilities and sanctions + Section 1 Duties and liabilities + Article 91 (1) The Council of Ministers, supreme body of the state administration, exercises the general management of the executive activity and is responsible for the implementation of the party's investment policy. (2) In the exercise of its duties, the Council of Ministers shall organize the execution of the investment plan, shall establish by ministries and other central bodies, county and county councils of Bucharest, the measures that ensure Five-year and annual investment provisions. (3) The Council of Ministers systematically controls the implementation of the investment plan and the commissioning, periodically examines how the established tasks are performed and takes measures to mobilize the reserves and complete the plan. (4) At the same time, the Council of Ministers shall take measures to achieve a severe system of savings, reduction of consumption, rigorous compliance with the rules of order and discipline, of high household spirit and liability for term execution and good quality of the entire investment program, to combat any form of waste in investment activity. + Article 92 (1) The Board of Coordination of Investment Activity shall examine and ensure that in the technical-economic documentation of the investment objectives that are subject to the approval to strictly comply with the directives, principles and norms provided by law and to apply vigorously the tasks and measures decided by the party and state leadership on investments and construction. (2) The Investment Coordination Council shall participate in the elaboration of the investment plan, shall control the investment preparation activity and shall determine or, where appropriate, propose the measures to be taken by the beneficiary, the designer, builder, likely to ensure the creation of conditions for the commencement and achievement of the objectives (3) At the same time, the Investment Coordination Council shall approve the design programmes of the design units and shall be responsible for ensuring both the delivery of the documentation to the terms correlated with the investment plan and the proposals. in operation, as well as the full use of design capabilities. + Article 93 The State Planning Committee is responsible for the coordination, for the entire economy, of the activities of preparation, elaboration and substantiation of the project of capital investment and repair plan, for the registration of tasks and objectives to ensure the harmonious and effective development of the national economy, the superior valorisation of natural resources and the rational use of labour, having the following main tasks: a) prepares the investment plan, ensures, correlated through the plan, the material, financial and human resources necessary for the rhythmic execution of investments, the commissioning of capacities at the planned deadlines and fulfillment, in times as long as possible short, of approved technical-economic indicators; b) develop, together with the ministries and other central bodies, norms and regulations on the indicators of efficient use of investment funds; c) exercise a permanent control over the way of carrying out the tasks and objectives entered in the plan, establish or propose measures in order to achieve its provisions; d) avize the technical-economic documentation for investments, analyze the need and their opportunity, aim to frame the technical-economic indicators in the plan provisions and ensure the increase of the economic efficiency of investments; e) verify the conditions for the production of domestic and export production. + Article 94 The National Council for Science and Technology responds to the orientation of scientific research and technological engineering in the direction of ensuring broad promotion-in achieving investment objectives-of scientific and technical progress, improving manufacturing technologies, improving the quality of products and increasing economic efficiency, having the following main tasks: a) coordinate, on the whole economy, the activity of research, technological development and introduction of technical progress, in all branches of the national economy; b) pursues the technical level of technological engineering and machinery documentation; c) aims to design and implement investments with the application of scientific conquests, new technologies and equipment, as well as the continuous lifting of their technical and qualitative levels; d) coordinate the activity of typing and standardization of technologies and equipment, ensuring that they have technical, functional and economic performance at the level of the best achievements worldwide. + Article 95 The Ministry of Technical Supply and Management Control of Fixed Funds participates in the elaboration and substantiation of investment plans and has the following main tasks: a) control and ensure the intensive use of production capacities and built premises and take measures to increase the indices of their use; b) ensure correlation through the plan, together with the State Planning Committee, ministries, other central bodies and balance coordinators, materials and equipment necessary for investments; c) endorse the technical-economic documentation for investments and pronounce on the consumptions of raw materials, materials, fuels and energy, the degree of use of production capacities, the way of insurance of machinery and parts of change; d) exercise control over the operation, maintenance and repair of machinery and other fixed funds; e) participate in the foundation and elaboration of the capital repair plan; f) verify the conditions for the production of domestic and export production. + Article 96 The Ministry of Finance has the following duties and investments: a) participate in the preparation, elaboration and substantiation of investment plans; b) ensure, through the centralized financial plan and the state budget, the financial resources necessary for the implementation of investment programs; c) endorses the technical-economic documentation and aims to ensure the growth of economic efficiency of investments, reduction of production expenses, increase of accumulations and more accelerated increase of national income; d) exercise control over the efficient use of investment funds. + Article 97 The Ministry of Foreign Trade and International Economic Cooperation together with the ministries and other central and local bodies benefiting from investments, ensures the increase of export efficiency of the products of the new investments and has the following tasks and responsibilities: a) continuously study the external market in order to obtain the necessary information to substantiate the products from the capacities to be realized; b) take measures to conclude contracts, conventions or other agreements with external partners to ensure the portfolio of orders on products from new production capacities; c) pursues the prospecting of the external market in order to obtain in advance the offers, in order to achieve in technical and economic conditions advantageous and superior quality of the necessary imports; d) ensure the issuance of import permits for machinery, only for those whose execution cannot be ensured in the country and if approved and contracted in counterparty with export of Romanian products, mainly from the construction industry of machines, on the basis of parallel contracts or in cooperation actions in production, to ensure, at the same time as import, the production of export. + Article 98 The State Committee on Prices is responsible for the price and tariffs in the technical and economic documentation for investments, as well as the price level for the new products and services provided to be realized by the investment objectives after their entry into service and has the following main duties: a) verify and endorse the level and structure of the prices used in the calculation of the technical-economic indicators of investments, the economic efficiency of the production, aiming to reduce the material expenses and the continuous increase of b) verify and respond that, in the technical-economic documentation, the prices of the machinery with which the investment is to be carried out shall be legally established and ensure the achievement of the objectives under high efficiency conditions. + Article 99 The General State Inspectorate for Investment-Construction has the following main duties and responsibilities: a) responds to the generalization in the design units of the most perfected general and constructive plan solutions, which respond in the highest degree to the requirements of this law; b) responds to the expertise and endorsement of the order notes and execution projects under the conditions provided by law; c) endorses, according to the law, norms, norms, standards and other technical prescriptions in the field of construction; d) exercise state control in construction, ensuring the verification of the quality of works, application of technical norms and prescriptions in the activity of investment-constructions and takes measures for rigorous compliance with the law in this field. + Article 100 The Investment Bank and the Food Industry and Agriculture Bank have the following main duties and responsibilities: a) ensure the financing and crediting of investments under the conditions provided by law; follow and determine measures for the realization of financing and lending plans of investments; b) avizes the technical-economic documentation of investments, according to the law; c) verify the legality of prices and tariffs, as well as the reality of the expenses presented at the settlement d) control and act to respect the legality in terms of starting and carrying out the works, as well as the use of material and financial resources allocated for investments; verify, together with the National Bank of the Socialist Republic Romania, reaching the approved parameters to the capabilities put into operation. + Article 101 The permanent commission for the approval and control of fuel consumption, electricity and heat responds, according to the tasks it has in the field of energy, rational use and judicious management of energy resources of the country in the investment objectives, correlated with the provisions of the single economic and social development plans and the primary energy balances, fuels, electricity and heat, having the following main tasks: a) issue agreements and opinions on fuels and energy solutions, under the law, in accordance with the provisions of the single national economic-social development plan and the energy development program; b) exercise, in the entire investment activity, the control of the judicious use of fuel and energy resources, their rational management. + Article 102 Ministries, other central and local bodies are responsible for making investments at the deadlines and at the pace provided in the plan, in which purpose they ensure, together with investment beneficiaries, technology suppliers, designers, machinery suppliers and executors, organization of the activity of preparation and execution of investments in accordance with the provisions of this law In carrying out these tasks the ministries and other central and local bodies have the following main tasks: a) ensures all the conditions for the elaboration, approval and approval of documentation, registration in the plan, constitution of funds, financing, execution, commissioning and realization of approved technical-economic indicators and efficiency of objectives investment, according to the law; b) ensure the elaboration of projects of investment plans under the full use of existing capacities, the disposal of products intended for domestic consumption and export for productive objectives, as well as the rational staggering of investments; c) organize the design activity in the units they have in their subordination, in order to ensure the early elaboration of all the documentation for investments; d) designate the investment beneficiaries, fulfilling their duties until the establishment of the new units and coordinate the entire activity of the beneficiaries; e) approve or submit to the approval, as the case may be, the reception minutes. + Article 103 The plants, enterprises and other investment beneficiary units are responsible for carrying out investments and technical and economic indicators approved as well as the disposal of domestic and export production and have the following main duties: a) substantiates the need, opportunity and economic efficiency of investments based on in-depth studies and analysis; b) ensure the elaboration of the technical-economic documentation for the investment objectives; c) take measures as in the technical-economic documentation to provide for high technical-economic indicators and solutions that give the investment objective safety in operation, optimal functionality, appropriate working and security conditions of work, stability, sustainability and other necessary qualitative attributes, according to the law; d) provide the machinery, materials and other furnaces in accordance with the schedule of the investment staggered and the delivery schedule of the machinery; e) execute in directing, in accordance with the provisions of the plan, the installation of machinery, works of modernization of capacities, retooling, developments, or other construction-installation works; f) ensure compliance with the destination of the allocated investment funds and the timely settlement of the works carried out; g) exercise technical supervision over the entire course of the execution of works; h) carry out the technological tests and ensure all the conditions for the commissioning of production capacities; i) are responsible for obtaining the agreements and opinions provided by law. + Article 104 The ministries and other central and local bodies of the state administration, which have in their subordinate units producing materials and equipment for investments are responsible for their production, delivery and quality and have the following main duties: a) ensure conditions for the production and delivery of typified materials and building elements, with low energy consumption, local materials and those that are made of recovered and reusable materials; b) take measures for the production and delivery of typified machinery, the continuous lifting of their qualitative and functional parameters, as well as the cooperation between the plants that produce machinery; c) ensure that the technical conditions for compliance with the technical standards and prescriptions regarding the quality of the delivered products are created in the manufacturing units; d) establish the units with the task of general suppliers and organize the cooperation between the general and specialized suppliers. + Article 105 The ministries and other central bodies, the executive committees of the county folk councils and the city of Bucharest, which have in subordination construction-assembly units, are responsible for the organization and guidance of their activity, for ensuring the necessary conditions for the implementation of the plan, respecting the deadlines in contracts and the execution of quality works and have the following main tasks: a) ensure, together with the superior hierarchical organs of investment beneficiaries, the programming and staggered achievement of the objectives so that the conditions necessary for the concentration of forces and means are created at a restricted number of objectives for the purpose of achieving them in minimum time periods; b) guide the subordinate units and provide them with the conditions for the widespread application of advanced techniques and technologies of execution, with which to carry out the works under conditions of economy and of high quality; c) ensure the technical-organizational measures for the use of machinery and means of transport to the full capacity, for the timely and rational supply of construction sites with materials, for the establishment of concrete paths of framing in materials, for the establishment of concrete framing paths in the normal consumption of materials, fuels and energy; d) organize the close cooperation of the construction units with those of design and research, in order to establish the most effective constructive solutions and to promote technical progress in the work of the construction sites. + Article 106 In the field of capital repairs, ministries, other central and local bodies, plants and businesses shall ensure and respond to: a) the operation, maintenance and repair of fixed funds at the appropriate technical and qualitative level, in conditions of maximum economic efficiency and in full operational security; b) proper organization and creation of the technical-material basis necessary for the timely execution and good quality of capital repair works and upgrades; c) compliance with technical regulations for the repair of fixed funds, their elaboration and periodic improvement, according to the best results obtained in the operating activity; d) early provision of spare parts and subassemblies for replacement of the worn ones in repair works and refurbishment of parts and sub-assemblies from previous repairs and dismemberment of fixed funds out of service. + Section 2 Sanctions + Article 107 Violation of the provisions of this law attracts disciplinary, material, civil, contravention or criminal liability, as the case may be, of the guilty persons. + Article 108 It constitutes contraventions to the provisions of this law the following facts, if they were not enjoyed under such conditions, according to the criminal law, to be considered crimes and are sanctioned with a fine: I. From 3,000 to 10,000 lei: a) elaboration of technical-economic documentation with mistakes in sizing the characteristic elements of the investment objectives or with non-compliance with the technical directives and prescriptions; b) elaboration of unique technical-economic documentations to objectives or objects for which there are approved type projects; c) elaboration by the designer or approval by the beneficiary of details and execution estimates in violation of the provisions of the approved execution project, except in the cases provided by this law; d) omission of the provision in the project of execution of parts of construction or machinery without which the investment objective cannot be put into operation or cannot be used under normal conditions; e) failure to provide technical-economic documentation on the basis of which, according to the law, the investment in the annual plan is made; f) appropriation of technical-economic documentation without respecting the prices, tariffs, quotas, norms and legal norms, as well as other elements that have obviously led to the incorrect establishment of the value of the investment and the value of the works Construction-assembly; g) employment of expenses exceeding the values set in the general estimate for investments, construction-assembly, management, supervision of works and for technological evidence, with non-compliance with the provisions of this law, as well as contracting works or deliveries for investments before their provision in the five-year or annual plan, unless otherwise provided for by legal provisions; h) the execution by the builder of some works before the opening of the financing and the start of the execution of the works; i) non-compliance by the builder with the provisions included in the technical-economic documentation and in the technical prescriptions regarding the execution of works; j) provision in contracts of other terms than those established by the schedules of the investment and delivery of the machinery; k) non-preparation of the capital repair plan, non-compliance with the planned deadlines for the entry into capital repairs or exceeding the durations of their execution at the machinery and at the other fixed funds, apart from the cases in which by Legal provisions are otherwise provided; l) non-preparation of time by the beneficiary and non-performance of technological samples in accordance with the provisions of technical prescriptions and technical-economic documentations; m) non-commissioning, from the fault of the beneficiary, of the production capacities at the end of the technological samples carried out according to the provisions of the law, or of the machinery that were brought, according to the present law, in the situation II. From 1,000 to 3,000 lei: a) the presentation for approval, respectively to the appropriation-by the beneficiary and the designer-of technical-economic documentation in which the provisions of the agreements and legal notices left final were not introduced; b) non-handing over to the designer of the data and elements necessary for the elaboration of technical-economic documentation at the deadlines set by graphs and contracts, as well as the non-handing over to the builder of details and execution estimates, of the machinery and materials that fall to the beneficiary, the land related to the objective and the construction site organization or the working front for the execution of works in existing spaces, at the deadlines set by the investment staggered charts and by contracts; c) exceeding the regulations of storage of machinery on construction sites, established according to the legal provisions; d) failure to take measures to open the financing at the time stipulated in the schedule for the investment or to ensure the uninterrupted financing of the works until the commissioning or the putting into use; e) elaboration by the designer of the technical-economic documentation without obtaining along the way the agreements provided by law or with their non-compliance; f) failure by the beneficiary or builder of the necessary measures for the handling, preservation and maintenance in good conditions of machinery and materials; g) non-compliance with the obligations regarding the reception of capital investments and repairs, as well as the approval of the commissioning or, as the case may be, the use of the legal provisions; h) non-performance by the beneficiary, designer and builder of the measures established by the reception committee; i) non-compliance with the deadline for issuing agreements and notices as well as the non-communication within 15 days by the machinery supplier of the agreement on the delivery times of the machinery in order to prepare their delivery schedule; j) failure to provide in advance the needs of spare parts and subassemblies for the replacement of used ones, in the framework of capital repair works, or unconditional parts and subassemblies from previous repairs as well as from dismantling of fixed funds out of service. III. From 500 to 1,000 lei: a) non-insurance by the beneficiary of other material and technical conditions than those sanctioned by this article, necessary for the conduct of works without interruptions; b) the unjustified refusal of the beneficiary to take over from the builder objects or parts of objects that can operate independently according to the provisions of art. 67. + Article 109 Finding the contraventions provided in art. 108 and the application of sanctions shall be made by persons with duties of endorsement, expertise, control or revision of the State Planning Committee, Ministry of Technical Supply and Management Control of Fixed Funds, The Ministry of Finance, the General State Inspectorate for Investment-Construction, the Committee on the Issues of People's Councils, the State Committee on Prices, the National Bank of the Socialist Republic of Romania, the Investment Bank and The Bank for Agriculture and Food Industry. + Article 110 (1) Against the minutes of finding the contravention you can make the complaint within 15 days from the date of its communication. (2) The complaint shall be submitted to the body to which the ascertaining agent belongs and shall be accompanied by the copy of the minutes of finding the contravention. + Article 111 Insofar as this law does not otherwise have, the contraventions provided for in art. 108 the provisions of Law no. 32/1968 establishing and sanctioning contraventions. + Article 112 The provisions of this section relating to contraventions shall be supplemented by the provisions relating to contraventions of Law no. 8/1977 on ensuring sustainability, safety in operation, functionality and quality of construction. + Chapter 8 Final and transitional provisions + Article 113 (1) By decrees of the Council of State, rules will be established on the implementation of investments of a specific nature to branches and sub-branches of the national economy, as well as to the activities set out in Annex no. 10. (2) Ministries and other central bodies shall submit to approval the rules provided in par. (1) within 90 days of the publication of this law. Until the entry into force of these rules, the legal provisions in force on the date of publication of this law will apply. + Article 114 Ministries and other central bodies that issue agreements for the development of command notes and execution projects will review, within 60 days of the publication of this law, the content of the agreements to obtain agreements, in the purpose of simplifying them and shortening the duration of issue. + Article 115 (1) The investment objectives, whose execution projects are approved at the date of publication of this law, follow the regime provided by this law on the realization and financing of works. (2) The investment objectives of which the order notes are approved and for which the execution projects are elaborated, according to Decree of the State Council no. 420/1976 , follows the regime of approval of execution projects, for the realization and financing of the works provided by this law. + Article 116 Investments from own funds of cooperative and public organizations are carried out according to the provisions of this law. + Article 117 Annexes no. 1-11 are an integral part of this law. + Article 118 This law comes into force on the date of publication. On the same date, the normative acts contained in Annex no. 11 11, as well as any other provisions to the contrary. + Annex 1 a INVESTMENT HOLDER Framework content for industrial objectives COMMAND NOTE for the investment objective --------------------------- Production capacities in physical units. Profile on assortments or product groups. Location, area or industrial platform, beneficiary, general designer, general contractor, specialist contractor, general supplier of machinery. Necessity and opportunity of investment. Degree of use of similar capacities and existing built surfaces; development in perspective. Ensuring the undoing of products for domestic consumption and export. A. On technological engineering: 1. Establish technologies for the main manufacturing processes. Main actions for cooperation in the realization of products The minimum annual operating time of the facilities, in days, per year and the number of shifts on a working day. Mining indexes of the usual transport. 2. Indication of the leading technological machinery and the way of insurance. 3. The main quality characteristics of the products, compared to those made in the country and abroad. 4. Sources of supply of raw materials and main characteristics of raw materials; use of recoverable and reusable materials. Specifying the assimilation and production tasks in the country for the raw materials and materials that are imported in the first period from the entry into operation. 5. The nature of fuels (based on the agreement of the Standing Commission for the approval and control of fuel consumption, electricity and heat); conditions for heating of premises; mode of insurance of thermal energy. 6. Limit of consumption of raw materials, materials, fuels and energy. The task of using energy secondary resources. 7. Minimi coefficients for the use of raw materials and materials; valorisation indices. 8. Limit stocks of the main assortments of raw materials and materials as well as of finished products, in quantities and days. 9. Measures on fire prevention, wastewater treatment and treatment and environmental protection. 10. The nature of the necessary utilities, the way of insurance and their limit value. Cooperations in the area. 11. Measures on insurance and training of labor, as well as labor protection. 12. List of long-cycle machinery of manufacture, typified or repeated. B. On the construction and installation works: 1. The type projects on the basis of which the components of the investment will be executed and the specification of those objects for which, according to the provisions of the law, unique projects can be developed; solutions of principle for the constructive composition of objects unique and the limit consumption of the main materials, principle solutions for the field adaptation of type projects. The principle solutions for the foundation of construction: -direct foundations; -indirect foundations. Solutions and indices to the main constructions and industrial installations, for the reduction of volumes and surfaces built by: -the maximum use of existing, existing surfaces; -use of light construction materials; -establishing the height of the constructions in strict accordance with the functional needs of the machinery; -the limit consumption of main materials. Constructive solutions to ensure a high degree of industrialization in execution, in order to reduce execution durations and increase labor productivity in construction. For the objectives to be achieved after a capacity the module that has been approved will indicate the project of execution of the module capacity. 2. Establishing construction objects whose behavior over time requires a special pursuit. 3. On the overall objective of the objective. The minimum degree of occupancy of the land and how to use any existing objects on the site. Demolitions, expropriations. Making the most of the objects. 4. Indications regarding the routes of the networks and of the access routes, the location of objects (for the restriction to the minimum of the surfaces and the length of the routes, as well as to avoid the occupation of agricultural or forestry land). Location of food sources in consumer weight centres. 5. Solutions regarding site organization, cooperation in the area. 6. Specify the works for which the designer specifications are to be elaborated. 7. Joint use of utilities and general use items to ensure a maximum degree of cooperation with the units in the area. C. Technical and economic indicators: -the total value of the investment, from which construction-montage; -the specific investment; -the annual value of net, commodity and global production; -labour productivity, physics and value; -the number of total personnel, of which workers, in accordance with the labor norms established according to the law; -total expenses and materials per 1,000 lei production of goods; -the amount of annual accruals, of which benefit, profitability -commodity and net production, total accumulations and benefits per 1,000 lei fixed funds; -the duration of the investment until the commissioning; the main stages of the investment; -the duration of realization of approved technical-economic indicators; -the duration of recovery of the investment from total accumulations and from the benefit; -gross and net return course; -net currency contribution, of which in free currency; the term of recovery of the currency effort through exports of goods. The date until which the execution project of the investment objective will be submitted for approval. NOTE: 1. Ministries and other central bodies will adapt the framework content of the order note to the specificities of branches, subramuses, groups of works, etc. Some elements will be added when they are characteristic, as will be possible to eliminate others that are not related to the specifics of that objective. 2. For food and pharmaceutical products the consent of the Ministry of Health will also be required, as well as, as the case may be, the veterinary inspection. 3. For the production intended for domestic consumption, the agreement of the beneficiary of products will be obtained, and for the production intended for export, the agreement of the foreign trade enterprise 4. The technical-economic indicators of the objective will be compared with the provisions of the plan and with the approved or realized indicators at the units similar to the best results in the country or abroad. 5. In the case of imports approved according to the law, the technical-economic indicators are completed with the total volume and on relations of import: -for making the investment; --for production. + Annex 1 b INVESTMENT HOLDER Framework content for Improvements objectives land COMMAND NOTE for the investment objective ---------------------------- Production capacities in physical units. Site, beneficiary, general designer, specialist designers, general contractor, specialist contractors, general supplier of machinery. Necessity and opportunity of investment. A. On technological engineering 1. Delimitation of the land area to be arranged, with the characterization of the natural framework (climatic, pedological, hydrogeological, hydrological, geomorphological, geotechnical and ecological conditions). The current situation of agriculture in the perimeter and the area (land owners, use of land fund, crop structure, production branches, productions, labor force). Conclusions on the natural environment and the situation of agriculture in the perimeter and the area: -the need for works to improve and increase land productivity; -organization of agricultural production; -hydroameliorative rayon (irrigation methods), drainage-drainage, control of soil erosion). 2. Development and organization in perspective of agricultural production: -profiling of agriculture; -systematization and organization of agricultural territory, with the classification in general systematization of the territory -the use of land and the necessary restructuring; -crop structure, medium productions. 3. The works that are foreseen (irrigation, dissecting, drainage, level-modeling, combating soil erosion, improving the salts and acid soils), framing them in the national land improvement program and in the basin arrangement scheme. hydrographic, elaborated by the National Water Council and the correlation of execution deadlines with the stages of realization of the related works of water management. 4. The influence of the works provided on the development of agriculture and the organization of the territory in the area, establishing the exploitation of the hydroameliorative 5. Solutions and indices at the main works: -the enunciation of the variants of the hydrotechnical scheme and of the necessary works (sockets, ducts of adduction and distribution, collecting and dissecting collecting channels, pumping stations, nodes and hydrotechnical constructions, works on ravines and torrents), which will be depth and analysis compared to the project of execution and indications for interior design; -power lines and connections; -interior design (irrigation networks, drainage-drainage, combating soil erosion on slopes, level-modeling); -maintenance and operation construction. 6. Principle solutions for the foundation of hydrotechnical constructions and pumping stations: -direct foundations; -indirect foundations. 7. The solutions to the main hydrotechnical constructions and pumping stations will aim to reduce the consumption of materials, a high degree of industrialization in execution by: -the maximum possible provision of pumping stations without superstructures; -removal of heavy concrete roofs; -use of discharge pipes, subcrossings and siphons of tubes of effective materials; -the maximum possible composition of hydrotechnical constructions (bridges with stem, bridges with siphons, falls with bridges, etc.). 8. Measures to ensure a minimum consumption of water and electricity. 9. Related works-common use of utilities and general use objectives to ensure a maximum degree of cooperation with the units in the area. 10. Land areas occupied by the works that are carried out. The areas that are set aside through the proposed works. B. On construction and installation work 1. The works and capacities forming the object of the design, construction and installation project for land improvements. 2. The type projects on the basis of which the components of the investment will be executed and the specification of those objects for which, according to the provisions of the law, unique projects can be developed; solutions of principle for the constructive composition of the objectives unique and for the adaptation to the field of type projects. Solutions and indices to the main works; power lines and connections; maintenance and operation construction. 3. Establishing the construction objectives and the facilities whose behavior in time requires a special follow-up. 4. Indications on the organization of execution of works; cooperation in the area. C. Technical and economic indicators: -the total value of the investment, from which construction-montage; sources of financing (indicative); -the specific investment; -the annual value of vegetable agricultural production; -the net income increase due to the facilities; -annual productivity per man of work; -the term of the investment recovery; -the number of personnel for the operation of land improvement works, in accordance with the labor norms established according to the law; -of which workers; -the duration of the investment until the commissioning; the main stages of the investment; -the duration of realization of approved technical-economic indicators; -the cost of production per unit of product. The date until which the execution project of the investment objective will be submitted for approval. NOTE: 1. The elaboration of the order note must also be based on the framework scheme of the respective river basin, developed by the National Water Council. The order note will be presented to the National Water Council that will issue preliminary water management agreement within 15 days of the request. 2. The works of land improvements encompassing very large perimeters and involving the treatment and complex solving of all the ameliorative problems (irrigation, dissecting, drainage, combating soil erosion, improving the salts, setting up valleys) require large volume studies to be carried out to establish the development solutions and to substantiate the proposals for the development of agricultural production. In this regard, the studies (topographic, pedological, geotechnical, hydrological, site and hydrotechnical schemes, etc.) will precede the foundation notes, on the basis of which the investment objectives are part of the five-year plan. 3. The complexity and location of the land improvement works require that, in order to optimize the solutions, to analyze several variants of the hydrotechnical scheme, of arrangement and of constructive solutions, which will be indicated in the order note. 4. The technical-economic indicators of the objective will be compared with the provisions of the plan and with the approved or realized indicators at the units similar to the best results in the country or abroad. 5. In the case of imports approved according to the law, the technical-economic indicators are completed with the total volume and on relations of import for investments. 6. The framework content of the command note for land improvement objectives will be able to adapt, adding some elements when they are characteristic or eliminating others that are not related to the specifics of that objective. + Annex 1 c INVESTMENT HOLDER Framework content for agrosootechnical objectives COMMAND NOTE for investment objective ------------------------------------- 1. Production capacities in physical units. Profile. Location, framing in the area, beneficiary, general designer, general contractor, machinery supplier. 2. Need and opportunity. The degree of use of existing production capacities. Possibilities for cooperation in the area. Destination of products and by-products. 3. Sources of the main necessary raw materials (feed, biological material, etc.), their characteristics, consumer limit norms. 4. The nature of the fuels needed (based on the agreement of the Standing Commission for the approval and control of fuels, electricity and heat). Conditions for heating spaces; how to ensure fuels and thermal energy. Sources of water supply and electricity. Consumer limit rules for fuels and energy. 5. The type projects on the basis of which the components of the investment will be executed and the specification of those objects for which, according to the provisions of the law, unique projects can be Solutions of principle for the constructive composition of unique objects and for the adaptation to the field of type projects. 6. Indications of the overall objective of the objective. Ground floor. The minimum degree of land occupancy and the use of any existing objects on the site; the occupation of land from agricultural or forestry plant production. Emissary for the discharge of waste water and their use. 7. Indications on the organization of execution of works. Cooperation between beneficiary and builder. 8. Technical-economic indicators limit: -the total value of the investment and the construction-assembly; -the specific investment; -the value of global, commodity and net production; -expenses per 1,000 lei production of goods; -annual benefit; -profitability; -the duration of the payback of the benefit; -the duration of the investment, the main stages of making the investment. The date until which the execution project of the investment objective will be submitted for approval. NOTE: 1. The framework content of the order note for agrootechnical objectives will be able to adapt, adding some elements when they are characteristic or eliminating others that are not related to the specifics of that objective. 2. The technical-economic indicators of the objective will be compared with the provisions of the plan and with the approved or realized indicators at the units similar to the best results in the country or abroad. + Annex 1, INVESTMENT HOLDER Framework content for objectives social-cultural, health, commercial, housing COMMAND NOTE for the investment objective ---------------------------- 1. Capacity in physical units. 2. Location, general designer, general contractor, volume of investments, of which volume of construction-assembly, duration of investment, main stages of realization of investment. 3. Criteria of necessity from the studies of systematization and development of the locality; number of inhabitants, served, range; special conditions resulting from the network study; the importance of the objective in the locality or county. 4. The main functional elements of the investment (dimensions, conditions of use, level of endowment and finishing). Data on the spaces necessary to carry out the specific function, spaces for circulation, for public relations, administrative annexes and sanitary facilities. 5. The type projects on the basis of which the components of the investment will be executed and the specification of those objects for which, according to the provisions of the law, unique projects can be developed; solutions of principle for the constructive composition of objects unique; solutions of principle for the field adaptation of type projects. Conditions for heating spaces and solutions to solve some technological needs. 6. Indices characteristics of the investment, solutions of principle for the realization of construction works and installations, as well as for equipment and furniture, the main ways and means of realization: -specific industrialisation measures; -possibilities to achieve functional mergers within the framework of construction or cooperation with other investments; -the use of light and local materials; -use of special materials and equipment. 7. Solutions and indices at the main external installations and networks: -efficient use of networks within the area and locality; -optimization of routes; -the possibility of embedding in constructions some edilitary equipment. 8. Technical-economic indicators of the investment; specific investment. 9. Solutions and indices of classification in systematization studies; occupancy of the land; use of land relief in order to avoid earthmoving movements; maximum comasation of objectives; alignment and height regime; Specific architectural plastic. 10. Related works: specifying the investments of a city character, which will be considered to make investments. 11. Indications for site organization, ensuring the use of existing constructions or facilities. The date until which the execution project of the investment objective will be submitted for approval. NOTE: 1. The framework content of the order note for the social-cultural, health, commercial, housing objectives will be able to adapt, adding some elements when they are characteristic or eliminating others that are not related to the specific that objective. 2. The technical-economic indicators of the objective will be compared with the provisions of the plan and with the approved or realized indicators at the units similar to the best results in the country or abroad. + Annex 2 INVESTMENT HOLDER Framework content EXECUTION PROJECT for the investment objective ------------------------ 1. Production capacities. Production profile on assortments or groups of assortments. The stages of commissioning. 2. Amplacement, framing in the area, platform or industrial premises, beneficiary, general designer, general contractor, specialist entrepreneurs, general supplier of machinery. 3. Concretisation of manufacturing technologies and processes with their parameters: -technological flow, with the optimization of the machinery location; -the conditions imposed by the technological processes and their way of solving; -sections on the installation of technological installations; -the annual operating time of the installations; -solutions to eliminate noxes resulting from manufacturing or protection processes of humans and the environment; -specify the actions of cooperation in the realization of products, within the branch, of the economy or with other countries. 4. Equipment, installations and technological equipment required; how to ensure them. The type projects that are carried out. Motivating the adoption, in special cases, of unique machinery. Yields of leading machinery. Specification of machinery that is mounted outdoors. 5. The program of assimilation and production in the country of raw materials and materials, approved to be imported in the first period of operation. 6. Solutions to capitalize on secondary energy resources; energy balance sheets. 7. Utilities required. Specific consumptions and total annual consumptions; insurance mode. Cooperations. Specification of related works in the area, platform or industrial premises (electricity and heat, water, compressed air, railways, workshops, canteens, social-cultural constructions, public transport, roads, streets, etc.) and estimation of value to them. 8. Technological transport of raw materials, materials, parts, semi-finished products and finished products and indications of mechanization in their transport and handling. Organization of the usual transport. Number of rolling bridges, of which technology and their characteristics. Surfaces for circulation and surfaces for interphase storage. 9. Organization of storage. 10. The way of packing and shipping of finished products. 11. Organization of production and labor. Labor rules. Measures to ensure and prepare the workforce. 12. The general plan of the objective; detailing and substantiating the solutions adopted; the component objects and their location. The occupancy of the land. Solutions to avoid or limit to the necessary damage of demolitions, decommissioning, expropriations or land removal from plant, agricultural or forestry production. 13. Specification of the type projects on the basis of which the components of the investment and their adaptation solutions are carried out on the ground; constructive solutions for unique objects (plans and sections, with the dimensions of the main elements of resistance, closure, floors and insulation, with the specification of the materials used in their composition); road and network routes and sections thereof. 14. Consumption of main building materials, installations and assembly, on the objective. 15. Program for tracking the behavior in time of construction, for the objects established by the order note, encompassing the methods and techniques used, the necessary means, the calendar schedule of making determinations. 16. The project of organization of the yard, with the specification of the strictly necessary works and expenses; cooperation with the units in the area. 17. It will be shown how to achieve the other elements contained in the approved order note, in terms of: -raw materials and materials necessary, their main characteristics, insurance mode, consumer norms, total annual consumptions. Valorisation of reusable materials; -fuels, heat and electricity; specific consumption and total annual consumptions; mode of insurance; -the limit stocks of the main assortments of raw materials, materials and finished products, in quantities and days; -ensuring the sale of products, on the basis of contracts or firm orders, according to the law; -characteristics and quality of products. 18. The general estimate of the investment objective (template no. 1 1), elaborated on the basis of deviz prices from type or index-based projects. 19. Technical-economic indicators of the objective (model no. 2), their comparison with the order note, with the provisions of the plan and with the indicators realized or approved at the similar units with the best results, in the country and abroad. 20. The execution project is accompanied by the graphs of: staggered of the investment; delivery of the machinery; insurance of the labor force; realization of the technical-economic indicators, as well as the following agreements, as the case may be: -the single agreement of the county or county council of Bucharest on: site, trails, lines and electricity networks outside the projected objective, water connections, sewerage, local telephony and roads of local interest, providing housing and social-cultural buildings for the site's staff and the exploitation of the new objective; -agreement of the Ministry of Agriculture and Food Industry, for agricultural land; -the agreement of the Ministry of Forestry and Construction Materials, for forest land; -the agreement for fuels, electricity and heat; -agreement of the Ministry of Transport and Telecommunications, for transport; -the agreement of the National Water Council, according to Water law no. 8/1974 ; -the Agreement of the State Committee on Prices, for new products; -the agreement of the National Council for Environmental Protection, for environmental protection issues; -other agreements provided by law. NOTE: 1. The design solutions contained in the execution project will be adopted on the basis of studying several variants of rational and efficient solutions. 2. The execution projects will also be accompanied by specifications for the realization of high technicality works and for which technical prescriptions are not issued. 3. Ministries and other central bodies will adapt the framework content of the project of execution to the specificities of branches, subramuses, groups of works, etc. Some elements will be added when they are characteristic, as will be possible to eliminate others that are not related to the specifics of that objective. 4. Ministries, other central and local bodies, as well as subordinate units, approve the execution projects no later than 30 days from the date of issue of the opinion. Model no. 1 GENERAL ESTIMATE of the Investment Objective .............................. Works and expenses that are included in the value of investmentConstruction and installationsMachinery and technological equipmentMontage machinery and technological equipment IndependentsOther expenditure Total 1234567 PART I Cap. 1. Investments of stinate realization of basic production (on objects) Cap. 2. Investments of stinate realization of auxiliary production (on objects) Cap. 3. Investments for transport and telecommunications (on objects) Cap. 4. Investments for power supply (on objects) Cap. 5. Investments for utilities-construction and networks for water, sewerage, etc. ((on objects) Cap. 6. Investments have xiliary and service, inc lusive imprejm uations (on objects) Cap. 7. Means of independent lifting and transport-automakers, trucks, electrocare, etc. XXXXX Cap. 8. a) Expenses for design, technical assistance and documentation carried out for the preparation and realization of investment XXXX b) Expenses with studies and field research (topo, hydro, geo) carried out for the preparation and realization of the investment XXXXX Cap. 9. a) Expropriations, compensation, displacement, demolitions dismantling XXXX b) Cost of the land XXXXX c) Planning and leveling of the land (dissecting, drainage, etc.) XX Cap. 10 a) The cost of electricity to illuminate jobs at works that are carried out to artificial light XXX b) Expenses necessary for the execution of works in cold time (under the conditions of art. 56) XXX c) Site sports, provided by law XXX d) Expenses with samples, trials and expertises during the execution and at reception X e) The commission of the financing bank XXXXX PART II Cap. 11 Expenses for the enterprise that is builds, approved according to the law XXX Cap. 12 Expenses for technical supervision during the realization of investment XXXXX PART III Cap. 13 Expenses and works for the organization of the execution of construction-assembly works XXXXX PART IV Cap. 14 Non-recoverable expenses derived from performing technological samples XXXXX TOTAL GENERAL RECAPITULATION A. Structure of expenditure of the general estimate: 1. TOTAL ................................................................ of which: a) technological machinery that is mounted and independent- including means of lifting and transport .................................................... ........... b) construction and assembly (C + M) ................................ of which: --construction, including related installations (C + I) ....................................................... ....................................................... ........... c) equipment and inventory items (excluding machinery Independent technology) .............................. ........... 2. TOTAL ................................................................ of which: a) common works (share of the objective ) ................................................ b) technological equipment (with mounting and independent, including means of lifting and transport received by transfer) ...................................... ........... B. The amount of fixed funds that are abolished as a result of building the new investment objective .......................................................... .......................................................... ........... -the value of the technological machinery that is reused in the new objective ............................................ ........... C. Spare parts and inventory items of small value or short duration for initial equipping at enterprises new under construction ....................................... ........... D. Distribution of the value of works and expenses, by groups of fixed funds, for the determination of amortisation values (necessary to analyse the cost of production) ................. ........... NOTE: 1. To the head. 14 only non-recoverable expenses arising from the performance of technological evidence will be provided. The funds provided for in this chapter cannot be used to cover expenditure on other chapters of the general estimate. 2. The volume of spare parts and inventory targets of small or short duration (circulating means) which shall be financed from investment funds to new enterprises, under construction, until the first capacity is put into operation, will be founded in the execution project, and their value will be mentioned for information at the end of the general estimate, without being included in its value and in the value of fixed funds that are put into operation. 3. Any exceedances of the provisions of Part I of the general estimate, for some items or chapters of expenditure, may be covered by the savings resulting from Part I in other objects or chapters of expenditure with execution documentation developed, with the approval of ministries, other central and local bodies and with the opinion of the financing bank. 4. In exceptional cases, when imports were approved for the technological project (know-how), technical documentation, manufacturing license and technical assistance, the respective expenses will be included in the general estimate, at Part I, head. 8 8 in a distinct position. 5. The expenses provided for in the general estimate for the undertaking that are built and for the supervision of the works during their execution cannot be exceeded or used to finance other works or expenses. 6. Part III of the general estimate will be appropriated by the general contractor. Model no. 2 TECHNICAL AND ECONOMIC INDICATORS 1. Profil de productiemii lei 2. Total value of the investment from which construction-assembly and equipment * thousand lei 3. Specific investment/t, km, etc. or lei/leu production goods 4. Capacities and deadlines for placing in function *pcs.; tons; km etc Trim. and year 5. Annual value of the production of globalemias lei 6. The annual value of the production of marfa*thousand lei of which for export lei-liberevaluta devize (thousand lei) thousand lei-cliring socialist countries (in thousands) thousand lei 7. Annual value of net production * thousand lei 8. Cost of production of lei 9. Expenses per 1,000 lei production of goods from which material expenses *) lei 10. Value of annual accruals of which benefit *) thousand lei 11. Profitability %12. Fixed funds efficiency:-net production value per 1,000 lei fixed funds-value of goods production per 1000 lei fixed funds-value of accumulations per 1000 lei fixed funds-value of the benefit per 1000 lei funds of fixela 13. Duration:-performance of technological samples *) days-until the first capacity is put into operation *) days-until the whole objective is put into operation *) days-from commissioning to the main indicators technical-economic *) days 14. Duration of investment recovery:-from accumulations *) years and months-from benefit *) years and months 15. Total worker personnel in accordance with the labor rules established according to law *) no. of which workers *) no. 16. Shift coefficient 17. Annual productivity per man of work:-fizicatone, mc, sqm, etc. -value (at commodity production and net production) *) thousand lei 18. Gross return course * at:-production price/$or lei/ruble-production costs/$or lei/ruble 19. Rate of return of net foreign exchange contribution * lei/ $or lei/ruble 20. Currency net contribution * foreign currency (in thousands) thousand lei of which:-liberevaluta estimates (in thousands) thousand lei 21. The term of recovery of the currency effort from exports of marfuritrim. and year 22. Volume and term of works provided for wastewater treatment *) thousand lei trim. and year 23. Volume of related investments thousand lei ----------------- * Technical-economic indicators that are proposed for approval by presidential decree; the other indicators serve for substantiation. NOTE: 1. For pilot, semi-industrial and experimental installations only the indicators that can be established with anticipation will be presented for approval and which will be specified with the approval of the execution project. 2. In the case of imports approved according to the law, the technical-economic indicators shall be a) Total volume of import for the realization of investment*foreign currency (in thousands) thousand lei of which:-liberevaluta currency (in thousands) thousand lei-cliring socialist countries (in thousands) thousand lei b) Annual volume of import for production*foreign currency (in thousands) thousand lei of which:-liberevaluta devize (in thousands) thousand lei-cliring socialist countries (in thousands) thousand lei + Annex 3 APPROVAL POWERS of the order notes and execution projects It is approved by the collective management bodies of: Ramura and the subbramura to which the investments are part It is approved by the President of the Socialist Republic of RomaniaMinistries, the other central bodies and the executive economic committees of the county folk councils and the city of Bucharest *) The industrial plants of the enterprises, the units assimilated to their institutions 1 2345 Cap. coal, natural gas and ores; ferrous metallurgy industry, including product laminating, as well as metal collection enterprises; refractory materials industry; machinery construction and metalworking industry; production, transmission and distribution of electricity and heat; chemical industry, pulp and paper industry; agriculture and grain silos, building materials industry, with values; Over 70 million lei inclusivPina at 70 million leiDifferentiated up to 30 million lei inclusive, according to Differentiated competencies up to 10 million lei inclusive, competencies awarded Chapter IIWorks of investment from other branches of industry, not caught in the head. I, as well as investment works from forestry, transport and telecommunications, construction, grain deposits, works for water management, with values; More than 50 million lei inclusivPina to 50 million lei according to the Differentied up to 30 million lei inclusive, compeconform of competencies attunedDifferentiate up to 10 million lei inclusive, Cap. IIIConstruction of dwellings, including social-cultural facilities, commercial and service spaces, as well as the technical and energy works related to them, with values; Over 50 LeiPina million lei to 50 million lei inclusivDifferentiate up to 10 million lei inclusive, according to the competences granted-Cap. IVWorks of investments for trade and tourist constructions, with valoriOver 30 million leiPina to 30 million lei The investment works for education, health protection, communal management and technical-material supply, territorial and system computing centers, and for the purpose of the project. with values; Over 20 million leiPina to 20 million lei inclusivDifferentiate up to 5 Investment works for scientific research and technological development, with values; Over 10 million leiPina to 10 million lei inclusive-Differentiated up to 2 million lei inclusive, according to the competences granted to Cap. VIIWorks of investments for culture, sports administration of state and other branches not caught in the head. I-VI, with values; Over 10 million leiPina to 10 million lei inclusive-Differentiated up to 2 million lei inclusive, according to the competences granted. * For works in the construction industry with values up to 50 million lei, for roads with values up to 30 million lei and for social-cultural and communal household works with values up to 20 million lei, whose projects the execution is approved by the executive committees of the county folk councils and the city of Bucharest, the confirmation of the approval is made by the Committee for the Problems of NOTE: 1. The execution projects for the objectives in column 2 shall be approved by the Council of Ministers, if they fall within the technical-economic indicators of the approved order note. 2. For the investment objectives in column 2, shall be subject to approval by presidential decree, respectively by decision of the Council of Ministers, the following elements resulting from the execution project: -main technical and economic indicators; -specifying the type projects after which the objects and the solutions for their land adaptation will be executed; -constructive solutions for unique objects; -basic technologies; -the use of hydrocarbons, where annual fuel consumption exceeds the approval power of the Standing Commission for the approval and control of electricity and heat consumption; -the main measures necessary to achieve the investment objective. 3. For the investment objectives to be executed in large numbers, having the same functional destination, set out in Annex no. 4, broken down by ministries, other central and local bodies, execution projects shall be elaborated on the basis of order given by the beneficiary specifying the main technical and economic indicators of the respective investment objective, classified in the provisions of approved investment list. 4. Order notes and execution projects for housing constructions including social-cultural facilities, commercial and service spaces, as well as the technical-urban and energy works related to them, which are executed on the basis of type projects and systematization details approved according to the law, is approved by the executive committees of the county folk councils and the city of Bucharest, ministries and other central bodies, without being subject to approval and confirmation. 5. The competencies for the approval of the order notes and the execution projects, within the limits of the values provided in columns 4 and 5, shall be established by the collective management bodies of the higher hierarchical bodies. 6. The order notes and execution projects for the pilot stations in the industry follow the approval regime provided for in the head. I and II, and those in the research and technological development branch, the approval regime provided for the head. VI. 7. Investments that are financed from the voluntary contribution of the population, under the conditions Law no. 20/1971 , are entered in the plan and are carried out in accordance with this law. 8. The calculation centers with which the technological processes are to be conducted follow the regime provided for the investment objectives in that branch. + Annex 4 HOLDER Framework Content LIST with the main technical and economic indicators for objectives investments of the nature referred to in art. 37 37 para. ((2) * No. crt. Name of objectiveProfile and capacity placement technology The way of projects that will apply ---- the duration of execution of the objective Maximum values Inv. ((thousand lei) funds C + M thousand lei) Value of goods production (thousand lei) Net production value per 1000 lei productivity (thousand lei prod. net on man of work) No. of people of labor fixed expenses at 1000 lei production marfabeneficiu (thousand lei) 012345678 1. 2. 3. * For the investment objectives to be executed in large numbers, having the same functional destination, the total capacities of each group of objectives and the specific technical-economic indicators on the reference unit shall be included in the lists. The lists constitute the basic document to which the groups of objectives are part of the single national economic-social development plan, annually. The breakdown by objectives is made by ministries, other central bodies, executive committees of the county folk councils and the city of Bucharest, in compliance with the provisions of the approved lists. NOTE: 1. At the "site" will be entered the area or industrial platform, as well as the locality, if it is not specified in the title. 2. In column 3 will be stated, when applicable, the objects proposed to be carried out after unique projects. 3. In cases where the objective consists of a capacity that is carried out within existing spaces, the indicators for the new capacity and the final indicators will be presented in columns 5, 6 and 7. 4. Ministries and other central and local bodies will adapt the framework content of the "list" to the specificities of branches, subramuses, groups of works, etc. Some elements will be added when they are characteristic, as will be possible to eliminate others that are not related to the specifics of these objectives. 5. In the case of imports, approved according to the law, the technical-economic indicators shall be completed with maximum import values, on relations: --for investment; --for production. + Annex 5 FUNDAMENTALS of investments of the nature referred to in art. 17 17 para. ((2) a) To machines, machinery, means of transport: -number, capacity, other specific technical characteristics, unit value and total; -the use of the existing park; -the volume of activity provided for in addition in the following period; -replacement of those reached at the normal limit of use or of those energy-intensive; -the realization of new products, which require new machinery; -staggering by quarters. b At work: -volume, surface, ml, pieces (as applicable); -site, total value, of which construction-assembly; -other elements characterizing the work; -compliance with the approved programs; -the enhancement of natural resources; -increase of physical production; -ensuring the preservation and protection of the environment; -the creation of new production capacities; -duration of achievement. c) Studies, field research, projects and other expenses assimilated to investments, according to the law: -the object and value; -the discovery and enhancement of new resources of raw materials and energy; -determination of geological, geotechnical, topometric, hydrological characteristics, etc. of land, in order to place new investments; -research and establishment of the characteristics of local materials, which would be used as building materials to achieve the investment objective in the area; -ensuring the necessary documentation for the introduction of the investment objectives; -the optimization of the joint use of utilities in the area where investments are made; -staggered deadlines by quarters. d) Depending on the nature of the investment provided in the list, elements of economic efficiency, expressed by: -improving labour standards and yields; -increasing labour productivity; -reducing consumption of materials, fuels, energy; -improving the quality of products and increasing the value of raw materials; -increasing the export and improving its financial and foreign exchange efficiency; -increase in benefit and profitability. NOTE: 1. The elements in this Annex may adapt to the specificity of each investment genre, presenting only the strictly necessary ones. If other elements are necessary for substantiation, other elements will be added. 2. For studies, research, projects will be set deadlines to ensure the preparation and creation of conditions for the realization of investments at the planned deadlines. 3. For the works to be carried out in large numbers, having the same functional destination, the lists include the total capacities (volumes) of each group of specific works and indicators. The breakdown on works, in different sites, is made by ministries, other central bodies and executive committees of the folk councils and the city of Bucharest, in compliance with the provisions of the approved lists. + Annex 6 COMMITMENT-CONTRACT for developing the technological engineering project 1. The collective of specialists from the Institute of ........................... undertake to develop the technological engineering project for the investment objective ......................... up to .............................................................. 2. The collective of specialists undertakes: -introduce the latest technological processes, specific minimum consumptions, ensuring the high efficiency of investment and high quality products, competitive on the domestic and export markets; -to establish machinery and production facilities at the level of the world technique by following, together with suppliers, the realization in the country of a larger volume of these; -establish the economic times necessary to carry out the technological evidence and the measures to ensure that the projected parameters are met within the shorter deadlines; -to follow the observance and improvement of the projected technologies, giving the necessary technical assistance in the realization of the investment in order to achieve the projected parameters in a short period; -to establish exactly, according to the legal provisions in force, the investment value of the objective and the classification in the technical-economic indicators approved by the order notes. 3. The collective of specialists shall respond, according to the law, for the non-execution of design works within and under the agreed conditions. 4. Improper works are restored by the collective of specialists, without payment. 5. The collective of specialists will collaborate closely with the beneficiary and the builder during the elaboration of the works, in establishing the principle solutions and the technical-economic indicators of the investment. 6. The institute's management undertakes: -to provide the collective of specialists with conditions for the proper activity and for the provision of technical assistance necessary to carry out the investment and to achieve the projected parameters; -make available to the collective of specialists the data and information necessary for the performance of the tasks arising from the commitment; -to pay due retribution, taking into account the legal provisions and according to the results obtained in the elaboration of the project and the granting of the necessary technical assistance. Director of the Institute, Project Head, The collective of specialists, + Annex 7 COMMITMENT-CONTRACT for the development of the construction and installation 1. The project staff of the Institute of ............................ undertake to develop the construction and installation project for the investment objective ............................. up to .............................................................. 2. The collective of designers undertakes: -to ensure by design the most rational organization of production spaces within the general plan, high degree of occupancy of the land and built spaces, the most economical routes for utility networks and lines of communications, as well as the judicious vertical organization of the industrial premises; -to ensure the intensive use of the usual land, to reduce the length of the manufacturing flows, to shorten transport and plant networks and to reduce the consumption of heat and fuels by merging and grouping the halls, workshops, sections and sectors, as well as storage functions and annexes; -to introduce the most effective constructive solutions, using light construction materials, with minimal specific consumptions, to ensure the reduction of costs and the volume of construction; -to establish exactly, under the law, the volume of construction-assembly works and the classification in the technical-economic indicators approved by the order notes. 3. The design collective responds, according to the law, for the non-execution of the project within and under the agreed conditions 4. Improper design work is restored by the design collective, without payment. 5. The design collective will collaborate closely with the beneficiary and the builder during the elaboration of the design works, in establishing the principle solutions and the technical-economic indicators of the investment. 6. The institute's management undertakes: -to provide the project collective with conditions for the proper development of the design activity and for the provision of technical assistance necessary to carry out the investment and to achieve the projected parameters; -make available to the design collective the data and information necessary for the performance of the tasks arising from the commitment; -to pay due retribution, taking into account the legal provisions and according to the results obtained in the elaboration of the project and the granting of the necessary technical assistance. Director of the design institute, The project leader, The design collective, + Annex 8 ORDER NOTE-CONTRACT for machine tools, installations and technological machinery of import A. Profile and production capacity of the investment (physical and value units). B. The main technical and economic indicators of the investment: 1. The total value of the investment in thousands of lei-exclusively related investments (in case of complex import machinery and installations on the free-currency relationship, their value will be shown separately), of which: -machinery in the country (%) -import machinery (%) of which: -on the free-currency relationship (%). 2. The total value of the import on the free-currency relationship (thousand lei and in foreign currency), of which: --machines -know-how --licences -technical assistance and training of staff -spare parts (with the stipulation on what period). 3. The terms of delivery of import machinery and installations on the relationship of free estimates (correlation of these with the deadline for commissioning). 4 4. The deadline for the commissioning of the production capacity. C. Production data: 1. The value of goods production (thousand lei). 2. Production destination: a) for internal consumption (in physical and value units, in lei); b) for export (in physical and value units, in foreign currency). 3. Net in foreign currency port of the investment in the balance of foreign trade. D. Forecasts related to the export of the product, sales possibilities and gross and net recovery course. E. Experience of supplier firms, technical level and guarantees. F. Payment conditions (cash payment, credit, interest). (In the situation of purchasing machinery on credit, the total volume of interest will also be mentioned). G. Comparison of offers of companies H. Aspects of cooperation or payment through Romanian products. I. Other issues to be considered when contracting. J. Proposals. K. The list of the main import machinery on the free-currency relationship will be attached to the order note with the following data: Name of the machine and main charactersQuantityUnit price in thousands of lei and in currency Total value in thousands of lei and in foreign currency NOTE: 1. The lists of machinery requested for import will be endorsed by the producer ministry and the central institute, namely the research and technological engineering institutes. 2. The contracting of imports will comply with the provisions Decree of the State Council no. 152/1974 with regard to the auction regime. + Annex 9 NORME on the approval of the opening of the financing and 1. Approval of the opening of financing and the start of investment objectives shall be given by the bodies and under the conditions provided in art. 87 87 of the law. The analysis and control of meeting the conditions for opening the financing and starting the execution of the works will be done by a) the territorial units of the financing banks, on the basis of the documents presented by the investment beneficiaries and the sheet drawn up according to the provisions of item 4-45 days before the deadline for the commencement of works-in accordance with the provisions of Finance Law no. 9/1972 of this Law; b) the ministry, the central body, the executive committee of the county folk council or the city of Bucharest, as the case may be-as the superior hierarchical organ-which examines and confirms the fulfilment of the conditions commencing execution and carrying out work within the planned deadlines. On the basis of this verification and that of letter a, the holder shall draw up the list of works that he proposes to start and present it, with the opinion of the financing bank, to the Coordination Council of the investment activity, accompanied by the works c) State Committee of Planning, Ministry of Technical-Materials and Management Control of Fixed Funds, Ministry of Finance, Ministry of Labour, Ministry of Foreign Trade and International Economic Cooperation, Inspectorate State General for Investment-Construction and the plants of the financing banks that verify-each according to their duties-the way in which the conditions for starting and carrying out the works are fulfilled, as a whole the investment objectives in the lists submitted to the Coordination Council investment activity. 2. For housing constructions-including commercial, social-cultural and service spaces within residential blocks, as well as their related technical-urban and energy works-for montages and modernisation of housing. machinery in existing spaces, for the investments provided in art. 17 (2), torrential corrections, animal shelter facilities and for land improvements in local systems, expansions and network connections, fish facilities, land rendering works on the agricultural circuit, the introduction of batteries in the agricultural area. the poultry sector, for investment objectives of agricultural production cooperatives, for investments in the budget sector of the Ministry of National Defence and the Ministry of Interior, for investments that are carried out in accordance with provisions Law no. 20/1971 ,, as well as for the investment objectives to be carried out in large numbers, having the same functional destination as set out in Annex no. 4, the opening of the financing is based on the approval given by the collective management bodies of the financing bank units, according to the law, after which the investment beneficiaries have the start of the execution of the works, respectively of investments. 3. In order to approve the opening of the financing and the start of the execution of the new objectives, the investment beneficiaries must have handed over the details and the execution estimates, allowing them to achieve, in the order provided in the graphs and contracts, construction-assembly works planned for the year. 4. The contents of the sheet for the fulfilment of the conditions for starting the execution of the works will be determined by the Council of Ministers + Annex 10 LIST the rules approved by the decree of the Council of State and their elaborating bodies A. Rules on the conclusion and execution of design contracts and contract contracts for construction-assembly works. Elaborates the General State Inspectorate for Investment-Construction in collaboration with: Ministry of Technical Supply-Materials and Control of Fixed Phondri Management, Ministry of Finance, Investment Bank and Bank for Agriculture and Food Industry. B. Rules on site organisation. Elaborates the Ministry of Industrial Constructions in collaboration with: Ministry of Finance, State Planning Committee, Investment Bank, Bank for Agriculture and Food Industry, Ministry of Agriculture and Food Industry, Ministry of Transport and Telecommunication, Ministry of Electricity, Committee on Issues of People's Councils and National Water Council. C. Norms on mechanical tests, mechanical fruitfulness and technological tests for the commissioning of capacities, as well as norms for the realization and reporting of technical-economic indicators of investments. Elaborates the State Planning Committee in collaboration with: the Ministry of Finance, the Central Statistics Directorate and the Investment Bank. D. Rules on investment reception. Elaborates the State General Inspectorate for Investment-Construction in collaboration with: the State Planning Committee, the Ministry of Finance, the Investment Bank and the Food Industry and Agriculture Bank. E. Rules on making investments in the extractive industry sector as well as for geological activity. Elaborate Ministry of Mines, Oil and Geology. F. Norms on the realization of investments for the crop and restoration of forests, plantations, pastures or furnishings, modernizations and additions thereof, facilities for land improvements, fish facilities, setting up in the agricultural circuit land. Elaborates the Ministry of Forestry Economy and Construction Materials and the Ministry of Agriculture and Food Industry in collaboration with the Bank for Agriculture and Food Industry. G. Norms on making investments for monumental art works, fine art and museum objects. Develop the Council of Culture and Socialist Education. H. Norms on the realization of special investments. Develops the Ministry of Finance in collaboration with: Ministry of National Defence and Ministry of Interior. I. Rules on the organization, during the execution of the investment objectives, the management activity, the technical supervision of the construction-assembly works and the insurance and training of the workforce. Elaborates the Ministry of Labor in collaboration with: Ministry of Finance, Ministry of Education and Education, National Bank of the Socialist Republic of Romania, Investment Bank and Bank for Agriculture and Food Industry. J. Rules on capital repairs. Elaborates the Ministry of Technical-Materials Supply and Management Control of Fixed Funds in collaboration with: the State Planning Committee, the Ministry of Finance and the other ministries and central bodies concerned. K. Norms on the achievement of the common objectives of several beneficiaries, as well as of commercial premises, for services and social-cultural services, located in the residential blocks. Elaborates the Committee on the Issues of the People's Councils in collaboration with: the State Planning Committee, the Ministry of Interior Trade, the Central Union of Consumer Cooperatives, the Central Union of Craft Cooperatives and the Bank of Investments. L. Rules on the design, approval and approval of documentation for machinery and installations. Elaborates the National Council for Science and Technology in collaboration with: Ministry of Machine Building Industry, Ministry of Chemical Industry, Ministry of Metallurgical Industry, Ministry of Electricity and Ministry of Mines, Oil and Geology. + Annex 11 NORMATIVE ACTS which is repealed 1. Law no. 72/1969 on the organization, planning and execution of investments, republished in the Official Bulletin no. 137 137 of 10 September 1973. 2. Articles 13 and 14 of Law no. 62/1968 on the depreciation of fixed funds, republished in the Official Bulletin no. 6 6-7 of 19 January 1977. 3. Decree no. 452/1973 on the approval of technical-economic documentation for investments, published in the Official Bulletin no. 126 126 of 15 August 1973, as amended by art. 8 8 of Decree no. 680/1973 . 4. Decree no. 420/1976 on the elaboration, approval and approval of technical-economic documentation for investments, published in the Official Bulletin no. 112 112 of 20 December 1976. 5. Decision of the Council of Ministers no. 884 884 of 20 August 1965 on the regulation of the execution of unproductive investment objects. 6. Decision of the Council of Ministers no. 900/1970 on the preparation and realization of investment works, published in the Official Bulletin no. 75 75-76 of 7 July 1970, as amended by Decisions of the Council of Ministers: no. 1711/1970 ,, published in the Official Bulletin no. 141 141 of 14 December 1970; no. 330 330 of 30 March 1971; no. 585/1971, published in the Official Bulletin no. 62 62 of 19 May 1971; no. 738/1971, published in the Official Bulletin no. 77 77 of 24 June 1971; no. 567/1973, published in the Official Bulletin no. 87 87 of 16 June 1973; no. 1397/1974, published in the Official Bulletin no. 139 139 of 9 November 1974; by Decree no. 452/1973 , published in the Official Bulletin no. 126 126 of 15 August 1973 and by Decree no. 420/1976 . 7. Decision of the Council of Ministers no. 1875 1875 of 23 December 1970 on measures relating to the preparation of technical documentation for some investment and repair works. 8. Decision of the Council of Ministers no. 1822/1970 for the establishment and sanctioning of contraventions to the legal norms regarding the organization, planning and execution of investments, published in the Official Bulletin no. 150 150 of 21 December 1970, as amended by Decision of the Council of Ministers no. 567/1973 ,, published in the Official Bulletin no. 87 87 of 16 June 1973. -----------------------------