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Law No. 12 Of 19 December 1980

Original Language Title:  LEGE nr. 12 din 19 decembrie 1980

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LEGE no. 12 12 of 19 December 1980 on strengthening the self-driving and economic and financial self-management and foreign exchange in the activity of foreign trade and international economic cooperation
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 111 111 of 24 December 1980



The multilateral development of the entire national economy, the use of the advantages of participation in the international division of labor require the improvement of self-driving and economic and financial self-management in the activity of foreign trade, increasing, diversifying and adapting production for export in accordance with market requirements, rational management of foreign exchange resources, in order to ensure the necessary means of payment of imports and formation of foreign exchange reserves centralized of the state. The collectives of working people, the collective management bodies of the units must act permanently for the realization and overcoming of export tasks, the reduction of imports to the strict necessary and the establishment, on this basis, of the funds necessary for the material co-interest of the working personnel who actually contributed to the promotion of Romanian goods on the foreign market, to the improvement of the currency In order to strengthen the self-driving and economic-financial and foreign exchange self-management in the activity of foreign trade and international economic cooperation, the stimulation of economic units in the increase of reserves in foreign currency of the state and the expansion of international trade and economic cooperation, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 Economic and financial self-management in the activity of foreign trade and international economic cooperation + Article 1 Enterprises, plants, ministries, other central and local bodies that have external trade tasks are obliged to ensure the permanent growth and diversification of production for export, the realization of competitive products, at a high level technical, through the superior valorisation of raw materials, materials, fuels and energy, the operative adaptation of production to the requirements of the external market, the judicious use of imports, the promotion of mutually beneficial exchanges and some new, effective forms of foreign trade and international cooperation. + Article 2 The entire activity of foreign trade and international economic cooperation is organized and carried out according to the principles of working-class self-driving and economic and financial self-management. On the basis of these principles, the results of foreign trade activity and international economic cooperation are reflected in the overall financial results of the plants, export commodity companies or beneficiaries of import goods and foreign trade enterprises. + Article 3 For the realization of economic and financial self-management, ministries, other central and local bodies, manufacturing units and foreign trade enterprises are obliged to take the necessary measures as production for export, the marketing of goods on foreign markets and international economic cooperation measures to ensure the coverage of foreign currency expenses on account of foreign exchange receipts from their own activity, the term repayment of loans in foreign currency received and a corresponding currency contribution, in order to increase the reserves in foreign currency of the State and the creation of additional foreign exchange resources for imports, as well as the establishment of funds for the material co-interest of the working staff actively participating in the export. + Article 4 The Council of Ministers responds, according to the law, to the elaboration, within the framework of the single national economic-social development plan, of the draft external trade plan and international economic cooperation and exercises the general control and guidance on export, import and international economic cooperation. Ministries, other central or local bodies and industrial plants, with the participation of foreign trade enterprises, breakdown the provisions of the plan of foreign trade and international economic cooperation on manufacturing enterprises or Subordinate service providers. At the same time, the bodies and economic units provided for in the preceding paragraph are required to establish separate production tasks for the subsupplying units of materials, parts and subassemblies, which participate in the manufacture of the finished product intended export. For the purposes of the exclusive production of the goods fund for export, the time limits and the quality conditions laid down by the contracts, the ministries, the other central bodies and the industrial plants have the obligation to specialise in order to the production of export factories, sections or lines of manufacture, including within the sub-supplier units, to provide the necessary technical-material and labour-force basis. + Article 5 When carrying out the export, the sub-supplier units covered by the plan shall have the obligations and the rights provided for by the law for the plants or, as the case may be, the undertakings manufacturing the finished product, excluding the reporting The provisions of the preceding paragraph shall also apply to scientific research, technological engineering and design institutes, which participate in the making of exports or the execution of works, as well as to the manufacturing or processing units of services in connection with deliveries of goods or services with payment in foreign currency to the joint production and marketing companies of the Socialist Republic of Romania or to foreign legal and natural persons. + Article 6 Ministries, other central and local bodies, plants and enterprises producing for export or benefiting from imports shall draw up, annually, the trade balance and the plan of receipts and foreign exchange payments of their foreign trade activity and international economic cooperation. The trade balance of the business of foreign trade and international economic cooperation shall be approved with the plan tasks and shall include: a) export, including in the framework of actions for international economic cooperation; b) import, including in the framework of actions of international economic cooperation; c) balance of trade balance. The plan of receipts and foreign exchange payments shall be the integral part of the revenue and expenditure budget and shall include: a) export receipts, shares of international economic cooperation, credits, interest and other activities; b) payments for imports, carrying out actions of international economic cooperation, credit refunds, interest and other activities; c) balance of currency plan. The planned currency surplus flows as a minimum contribution to the centralized currency fund of the state, the organs and units with external trade tasks having the obligation to take measures to increase this surplus, in order to increase the foreign exchange reserves the state. + Article 7 The planned imports shall be carried out only to the extent that the receipts and the payments established by the plan are made quarterly or there are export contracts to ensure the necessary foreign exchange resources. In the event that these resources are not provided, the ministries, the other central and local bodies, the plants and enterprises have the obligation to properly resize the volume of imports, within the framework of the planned currency balance. For the units to which the import is made in order to carry out export products by other units, the provisions of the previous paragraph shall apply within the currency balance of the latter units. + Article 8 In accordance with the provisions of the single national economic and social development plan, foreign trade enterprises have the obligation to ensure the sale of Romanian goods on foreign markets, supplying the national economy with the necessary goods from import and carrying out actions of international economic cooperation, under conditions of increased economic efficiency. The Ministry of Foreign Trade and International Economic Cooperation, together with the ministries and other central central organs of the plan, breakdown by foreign trade enterprises export, import and international economic cooperation plan and ensure that the necessary measures are taken to carry out the tasks established. + Article 9 Foreign trade enterprises have the task of carrying out, under the legal provisions in force, other commercial operations on foreign markets than those corresponding to art. 8, in order to achieve currency contribution and benefits. The Ministry of Foreign Trade and International Economic Cooperation shall allocate foreign exchange tasks from other commercial operations to foreign trade enterprises, based on the provisions of the external balance of payments. + Article 10 Foreign trade enterprises are obliged to carry out a profitable activity, to cover their own expenses and to obtain the planned benefit from the export-import operations and the economic cooperation actions international, from which to provide the resources necessary to develop its own activity, to establish the other funds provided by law and to contribute to the general development of society Foreign trade enterprises are responsible for contracting and carrying out the entire planned export cargo fund externally. The export plan of the foreign trade enterprise shall be deemed fulfilled under the conditions of the implementation of foreign exchange funds from the export of goods received for progress from the producer units in the country, as well as the total foreign exchange from the currency contribution related to the goods fund planned for export, calculated according to the legal norms, and the currency contribution from commercial operations on foreign markets, established according to art. 9 9 of this law. + Article 11 The total activity volume of the foreign trade enterprise shall be composed of: a) the commercial operations necessary to carry out the export and import plan; b) cooperation activity in production and other forms of international economic cooperation; c) the commercial operations necessary for carrying out the currency contribution; d) the activity carried out for the realization in the Socialist Republic of Romania of economic objectives based on loans granted by the International Bank for Reconstruction and Development; e) sales and purchases with payment in foreign currency made in relations with the joint production and marketing companies of the Socialist Republic of Romania; f) other operations of sale, purchase or supply of services with payment in foreign currency, made according to the law in relations with foreign legal or natural persons. + Article 12 On the basis of the total volume of activity, the foreign trade enterprises shall develop, under the guidance of the ministries and other central bodies under which they operate, income and expenditure budgets, expressed in lei, which shall be subject to the notice of the Ministry of Foreign Trade and International Economic Cooperation and the Ministry of Finance. The budget includes the total revenues and expenses of the enterprise, both in lei and those in foreign currency transformed into lei, provided in the plan of receipts, payments and foreign exchange benefits, which is an integral part of the budget. In terms of "revenue" the budget of the foreign trade enterprise includes all export receipts, settlement to the domestic beneficiaries of imported goods, activity of international economic cooperation and service benefits international, commercial operations with foreign exchange, commissions, credits and interest, as well as from other activities carried out. In the chapter "expenditure" the budget of the foreign trade enterprise shall include all payments for imports, settlement to the production units of the exported goods, carrying out the actions of international economic cooperation and the benefits of international services, carrying out commercial operations with foreign exchange, the return of credits and payment of interests, the retribution of working personnel, the making of trips abroad, as well as the other expenses for the realization of the entire activities. The revenue and expenditure budget of the foreign trade enterprise shall also include the balance between the revenue and expenditure provided for in the budgets of the external marketing and technical assistance and service network, approved by the collective body the management of the enterprise. + Article 13 The plan of receipts, payments and foreign exchange benefits of the foreign trade enterprise shall include: a) receipts and payments in foreign currency resulting from the plan of foreign trade and international economic cooperation; b) the receipts and payments in foreign currency resulting from the commercial operations on foreign markets made for the acquisition of foreign exchange. At "receipts" the plan includes all categories of foreign exchange receipts of the export enterprise, superior valorization of some products on foreign markets, execution of works, provision of technical assistance, service activity, operations trade with foreign exchange, commissions, interest rates, as well as from other activities that generate receipts in foreign currency. On "payments" the plan includes all categories of foreign exchange payments of the enterprise for imports, purchase of goods in order to carry out commercial operations with foreign exchange, transport along the external road, participation in fairs and exhibitions international, commercial advertising, commissions, interest, travel abroad, as well as for other activities that generate payments in foreign currency. + Article 14 The Council of Ministers organises and controls the achievement by the Ministries, the other central and local bodies of tasks in the field of foreign trade and international economic cooperation, pursues continuous improvement of quality products intended for export, as well as the increase of the competitiveness of these products on foreign markets, take measures to ensure the currency balance established by the plan and increase the foreign exchange reserves Ministry of Foreign Trade and International Economic Cooperation, Ministry of Finance, ministries and other central bodies are required to exercise control and guidance of economic and financial activity of foreign trade enterprises and goods-producing units for export, to take measures for the proper management of material and financial means and to increase the economic efficiency of the entire foreign trade and international economic cooperation activity. + Article 15 The appreciation of the activity of foreign trade enterprises is based on the balance sheet, which also includes the financial results of the external marketing and technical assistance and service network. + Article 16 The foreign trade enterprise that does not realize the revenues provided in the budget can use, under the law, for a period of three months, loans with normal interest to ensure the further conduct of the activity. The collective management body of the foreign trade undertaking shall be obliged to adopt and implement a special programme of measures in order to achieve the revenue provided for in the budget. The Ministry under which the enterprise is located and the Ministry of Foreign Trade and International Economic Cooperation are obliged to analyze its activity on a monthly basis, taking measures to carry out their tasks according to the provisions of this law. If at the end of the credit period the enterprise does not realize the volume of activity established according to this law, the collective management body is obliged to resize the expenses and the number of personnel within the limit earned income. Crediting with normal interest can be extended by no more than three months, with the approval of the Ministry of Foreign Trade and International Economic Cooperation and the Ministry of Finance, only if it is established, together with the ministry under which is the undertaking, that it has the perspective to carry out its volume of activity during that period. + Article 17 If the activity of an external trade enterprise does not take place properly, the Ministry of Foreign Trade and International Economic Cooperation shall delegate among its specialists a power of attorney to the management the company, which ensures the application of the necessary measures to carry out its tasks according to the provisions In particular situations, when the activity of the enterprise continues to be unsatisfactory, the Ministry of Foreign Trade and International Economic Cooperation proposes to establish the special surveillance regime, according to the law. + Chapter 2 Contractual relations between foreign trade enterprises and goods producing units for export or import goods + Article 18 Foreign trade enterprises are obliged to systematically prospecting foreign markets, to inform the manufacturing units on the requirements of these markets, conjunctural trends and international prices, to conclude contracts with external partners, in accordance with the plan of foreign trade and international economic cooperation. Imports of machinery and machinery contract with Romanian exports, mainly from the machine building industry, on the basis of parallel contracts or within the framework of cooperation actions in production, to ensure, at the same time with import, export performance. The conclusion of the main export and import contracts, especially those on the export and import of complex machinery and machinery and actions for international economic cooperation, is done with the participation and representatives of the manufacturing units, as well as, as the case may be, of scientific research, technological engineering and design institutes. + Article 19 Exports of complex installations, carrying out construction-assembly works and execution of other economic objectives abroad are carried out through the general supplier or, as the case may be, the general contractor, established according to the law. The general supplier, namely the general contractor, mainly has the following obligations: a) to export complex installations and other objectives that capitalize on their own design, installations, machinery and other products executed in the country; b) to ensure in advance, through the institutes of scientific research, technological engineering, design and other specialized units, the projects and other documentation necessary to participate in international tenders, as well as the improvement their permanence in relation to the requirements of external partners; c) ensure the conclusion of cooperation contracts with sub-suppliers, designers and, as the case may be, with the general contractor, in strict correlation with the external contract, as well as the term execution and in conditions of quality of all obligations d) ensure the commissioning of the contracted facilities and the timely delivery of the realized objectives, the performance of the samples for the demonstration of the projected parameters, the execution of possible fixes and the fulfilment of other obligations during the warranty period, according to the external contract, as well as the technical assistance and training of the staff of the foreign partner under the conditions The Ministry of Foreign Trade and International Economic Cooperation and the Department of International Economic Cooperation at this ministry coordinate and control the entire activity of performing complex exports and responding, according to law, to carry out the export of complex economic installations or objectives and the execution of construction and assembly works abroad, in accordance with the provisions of the plan and in compliance with the concluded contracts. + Article 20 Foreign trade enterprises are obliged to conclude external contracts at competitive prices, practiced on the international market, to ensure the superior valorisation of export products and an adequate efficiency of imports. + Article 21 Foreign trade enterprises may act on foreign markets as the commission of goods producing goods for export or import goods, as well as on their own, according to the regulations in force. + Article 22 On the basis of the provisions of the external trade plan and external contracts, foreign trade enterprises shall conclude with the plants and enterprises producing goods for export or goods from import contracts economic commission, sale-purchase, works execution or service. The provisions of domestic contracts constitute firm obligations both for foreign trade enterprises, to ensure external conditions for the production of export and import, as well as for manufacturing establishments, to provide the goods fund to level contracted. Failure to comply with the obligations assumed by domestic contracts entails the contractual liability of the parties, as well as the disciplinary, criminal, civil or material liability, as the case may be, of the guilty persons, + Article 23 The contracting units are obliged to correlate the internal contracts with the provisions of the external contracts regarding the object of export, import or action of international economic cooperation, the delivery time, the price, the payment method, packaging, reception, guarantees, transport and freight conditions, method of handling complaints, penalties and compensation for non-delivery of goods, delivery with delay or with quality failures, as well as other benefits necessary to execute the obligations. + Article 24 Foreign trade enterprises are obliged to exercise permanent control in the manufacturing facilities for the production, execution within and good quality of the export goods and to take, together with the manufacturing units, measures for the production of export contracts. + Article 25 The producer units shall be responsible for carrying out the goods intended for export at the time limits and in the quality conditions laid down + Article 26 Regardless of whether they act on foreign markets as a commission or on their own, foreign trade enterprises are obliged to take over from the manufacturing units, at the contractual terms, the goods for which there are external contracts. + Article 27 Foreign trade enterprises can buy and take over from the manufacturing units, at the prices of the international market at the time of purchase and with immediate payment, some conjuncture goods, seasonal or subject to stock exchanges, as well as some consumer goods and other goods, for which no external contracts have been concluded, but there is the certainty of export, in order to sell externally on its own and to carry out commercial operations with foreign exchange. The list of these products is established by the Ministry of Foreign Trade and International Economic Cooperation, together with the respective economic ministries. + Article 28 The takeover of goods intended for export or import shall be made on the basis of final reception, carried out by undertakings of foreign trade by their own representatives or, on the contractual basis, by specialised units. The quality control of the goods at the final reception is carried out together with the control bodies of the General State Inspectorate for Quality Control of Products, and for certain products, especially machines and machinery with a high degree of complexity, with the participation and of the institutions or units specialized in the control, respectively in their exploitation. The economic ministries, the other central and local bodies, which subordinate such institutions or units are obliged to ensure, at the request of foreign trade enterprises, the execution on the contractual basis of the control operations. At the final reception will not be admitted to export, respectively to import, goods that are not corresponding to the contractual provisions. The rejection of export or import goods at the final reception attracts the liability of the producer units and external suppliers respectively, according to the contractual clauses. + Article 29 Foreign trade enterprises together with the manufacturing units are obliged to take measures for the rhythmic development of export goods. Foreign trade enterprises also respond to the collection of currency at the time limits set in external contracts. + Article 30 The Ministry of Transport and Telecommunication, the other central bodies with tasks in the field of transport, are obliged to take measures to ensure the means of railway, auto, naval and air transport necessary for the export and import, perfecting the technological processes of transport and handling, by extending containerization, transcontainerization, palletisation, pachetization and mechanization of loading-unloading operations, continuous reduction of immobilization time of the means of transport. Transport units shall be responsible for the integrity and conservation of products throughout the journey, as well as the delivery of goods in accordance with contracts concluded with external partners. Ministries, other central bodies, units with external trade tasks are obliged to take measures for the rhythmic bringing of goods and ships to ports, under the conditions established by external contracts, and together with port units, respond to the continuous reduction of the stationary time of ships, increasing the productivity of labor in port activity, ensuring the development of goods through ports under conditions of operativeness and rhythmicity, in compliance with the programs established by law. + Article 31 The reporting of export and import performance, including in the framework of actions for international economic cooperation, shall be done both at foreign trade enterprises and at producer establishments, on the basis of customs declaration or other documents. established by law. In the products and groups of products expressed in value terms and in natural units, the export plan shall be deemed fulfilled if the value task has been carried out, in compliance with the rules of consumption of raw materials. The net production value related to the export is calculated from the exported quantities and the actual prices obtained, transformed into lei at the recovery rate established on goods or groups of goods. The value of the production thus determined shall be used to release the retribution fund. + Article 32 On export, the manufacturing units respond for quality deficiencies in goods delivered to external partners, found according to the contractual provisions. In the case of complaints about exported goods, manufacturing establishments and foreign trade enterprises are obliged to act promptly to solve them, according to the external contract. On import, foreign trade enterprises are obliged to provide in external contracts precise and firm clauses on the quality of goods, guarantee of proper functioning, attainment of technical-economic parameters and liability of partners external. In the event of deficiencies in imported goods, foreign trade enterprises and beneficiary units are obliged to determine external suppliers to ensure, under the conditions laid down in contracts, the remediation or replacement by timeliness of improper products, as well as payment of compensation or other way of recovering the respective damages. + Chapter 3 Financial relations between foreign trade enterprises and commodity-producing units for export or import goods + Article 33 Starting with January 1, 1981, the unique trade course in foreign trade activity is introduced. The single trade course reflects the average of the export and import return courses, on products and groups of products and is established annually, together with them, through the single national economic and social development plan. In order to increase the efficiency of the external trade activity and the continuous strengthening of the national currency, the establishment of the single trade course and the rate of return on products and groups of products shall be started from the need for higher recovery of export products on foreign markets, by improving the marketing activity and reducing domestic production costs, making imports on conditions as advantageous as possible, aiming at reducing the export recovery courses and carrying out appropriate import courses. From the date of introduction of the single trade course, the external trade and international economic cooperation plan, the international tourism and international benefits plan, the revenue and foreign exchange payments plan, the non-commercial operations plan, balance of foreign payments, foreign currency operations of banks and other operations in foreign currency, as well as the reporting of their implementation will be expressed in lei, at the single trade exchange rate. + Article 34 Foreign currency made from foreign trade and international economic cooperation or, as the case may be, necessary for carrying out this activity shall be given, respectively, received from the Romanian Foreign Trade Bank and settled foreign trade enterprises at the return rate established annually by goods or groups of goods. In order to follow the way of ensuring the currency balance and to highlight the activity of foreign trade enterprises, they have at the Romanian Bank of Foreign Trade, besides accounts in lei, accounts of record in foreign currency. For commercial operations on foreign markets made for the purpose of obtaining foreign exchange, as for other operations performed according to the law, foreign trade enterprises can open at the Romanian Foreign Trade Bank accounts in foreign currency. For the availabilities that are due according to the law, located in these accounts, foreign trade enterprises receive interest in foreign currency. + Article 35 External export and import prices shall be reflected in the economic and financial results of the goods producing units for export or import goods. + Article 36 Export enterprises of foreign trade settle the value of exported goods, at the external price turned into lei at the return rate established on goods or groups of goods, from which they deduct the commission quota or commercial rebate, established according to legal norms. The settlement of the goods exported to the manufacturing units shall be made as the foreign currency is collected, at the time limits provided for in the external contracts. Until the value of exported goods is collected in lei, the producer enterprises can use credits in lei, with normal interest. When exporting on credit for a period of more than one year, foreign trade enterprises shall settle the value of the goods exported on delivery. Until the foreign currency is collected foreign trade enterprises use loans in lei granted by the Romanian Foreign Trade Bank, under the conditions provided by the rules in force. When exporting machinery, machinery, complex installations, as well as the execution of construction-assembly works and other works abroad, the quota related to the guarantee for good operation, for obtaining technical and capacity parameters is settled to the manufacturing or executing units upon expiry of the warranty period or the achievement of the parameters Ministries, other central bodies, plants, manufacturing companies and foreign trade enterprises are obliged to take measures to reduce costs and permanently modernize production, to increase valorisation of products on foreign markets in order to increase economic efficiency. + Article 37 On import, foreign trade enterprises shall settle the value of the goods imported upon delivery, as follows: a) the products to which recovery courses are provided are delivered at prices formed by the conversion into lei of external prices at the return rate on goods or groups of goods, plus the customs duties and the commission quota established according to legal norms b) products to which recovery courses are not foreseen are delivered at prices formed by the transformation into lei of external prices at the single trade course, plus the customs duties and the commission quota established according to the legal norms. + Article 38 In the event of special conjunctural phenomena on foreign markets, leading to important negative or positive influences towards the planned return courses, not determined by the activity of the manufacturing or foreign trade units, The Ministry of Foreign Trade and International Economic Cooperation and the Ministry of Finance, together with the ministries and other central bodies with external trade tasks, submit for approval proposals to modify the recovery courses whether or not the opportunity to continue to perform exports, namely imports, which result from being non-efficient. In the state budget, a fund for regularization of conjunctural influences is provided annually, which is formed from the procurement resulting from favorable price influences, from customs duties on import and from other sources. + Article 39 Foreign trade enterprises have the right to use credits in lei and in foreign currency, granted by the Romanian Foreign Trade Bank and the other authorized banks, in order to buy export goods from the manufacturing units, storage and consignment expenses abroad, carrying out commercial operations with currency contribution, as well as for other activities. Credits in lei are granted to foreign trade enterprises in the short term, according to the regulations in force, within the volume of credits established annually according to the law. Foreign currency loans shall be granted to foreign trade enterprises under international market conditions. + Article 40 The Ministry of Foreign Trade and International Economic Cooperation and the Ministry of Finance, together with the National Bank and specialized banks, develop methodological norms on the settlement and internal lending of trade operations external and international economic cooperation. + Chapter 4 Stimulating the export activity of manufacturing establishments and foreign trade enterprises + Article 41 The manufacturing units have the right to use, for their own needs, a part of the volume of foreign exchange receipts obtained over the provisions of their foreign exchange plan, on account of the increase of production and export, including within the international economic cooperation, given the planned return courses. For state units the part of the additional foreign exchange receipts that can be used by them is 80 percent and is distributed as follows: a) at least 50 percent for the manufacturing company; b) up to 10 percent at the disposal of the plant that has the manufacturing unit in subordination; c) 20 percent available to the ministry, central or local body, respectively. In the case of cooperative units the part that is granted to them from the additional foreign exchange receipts is 50 percent, with the following destination: a) at least 30 percent for the manufacturing unit; b) no more than 20 percent at the disposal of the coordinating central body. + Article 42 If the product exported above the provisions of the plan is carried out by collaboration of several units, of the share of the currency of the unit that executed the finished product a part is distributed to the collaborating units, depending on the contribution of the product. + Article 43 Amounts in foreign currency to which the units and bodies referred to in art. 41 and 42 will be provided in the external balance of payments and may be used for imports intended for the development of export production and the introduction of new technologies or for the purchase of necessary materials, sub-assemblies and parts, with the justifications and approvals provided by law. + Article 44 The currency due to exceed the export plan shall be kept in separate foreign exchange accounts with banks, with payment of interest in legal currency. For the value of the currency kept in these accounts, banks may accredit loans in lei, within the limit of the related amount at the average return rate made for export by the respective unit, with the payment of the current interest. + Article 45 Foreign exchange funds from exceeding the export plan, not used in the year in which they were made, can be used in the following year. After this period, unused foreign exchange funds flow to the centralized currency fund of the state, and the holding units receive the value in lei, including related interests, calculated at the average recovery rate made at export by that unit. + Article 46 The working staff in the export goods units benefit from incentives constituted from the increase of the benefit participation fund, prizes for outstanding results, funds from foreign currency made over the plan the organization of collective excursions abroad and other rights, provided by law. For the export carried out above the plan provisions, the due quota for the increase of the funds to participate in the benefits of the worker personnel from the state units, Decree of the State Council no. 145/1979 on the benefit stimulation of the production for export, shall be increased from 10 to 20 percent. + Article 47 The working staff of the foreign trade enterprises benefit for the results obtained in the export activity, of prizes awarded during the year for outstanding achievements, as well as prizes for the conclusion of operations of export-import and service provision that presents a high currency-financial efficiency for the national economy and other rights provided by law. For the export carried out over the plan, the staff of the foreign trade enterprises benefit from additional prizes that are granted under a quota established annually in the national single economic-social development plan, from the benefits over the plan made as a result of exceeding the export load. + Chapter 5 Measures on the subject matter of activity and organisation of external trade undertakings + Article 48 All foreign trade enterprises may perform, outside the approved activity object, exports of machine building products, within the counterparty operations for imports, as well as exports of any kind of goods. Romanian, if the planned efficiency indicators are carried out. Foreign trade enterprises can also perform according to art. 9, commercial operations on foreign markets with any kind of goods and foreign values. The exports and operations referred to in the previous paragraphs are coordinated by the Ministry of Foreign Trade and International Economic Cooperation. + Article 49 At commercial operations regarding the import of goods and the export redundancy of similar Romanian goods, the calculation of economic efficiency and foreign exchange contribution is made in foreign currency, and the same price in lei is applied to domestic settlements, both for imported and exported goods. + Article 50 The dimensioning of foreign trade enterprises and the number of TESA posts are established according to the nature of the operations carried out and the products sold, by applying the structure and personnel norms in force to the total volume of activity, carried out by groups of goods, benefits and works and is approved according to the law. + Article 51 Depending on the total volume of activity, the product nomenclature and the conjunctural or seasonal nature of the goods, the organizational structure of the foreign trade enterprises includes: a) compartments for treatment and external contracting, which are responsible for ensuring the portfolio of external orders for the export, import and international economic cooperation plan, as well as the carrying out of the currency contribution from operations trade in foreign markets. Personnel assigned to these compartments shall be organised by groups of goods and geographical areas, depending on the specificities of the products and the external markets; b) compartments for the pursuit of the implementation of domestic contracts, which are responsible for the conclusion and execution of domestic contracts with the goods producing units for export or for the actions of international economic cooperation, including the insurance of the contracted goods fund and the conclusion and execution of domestic contracts with the beneficiary units of import goods. The personnel assigned to these compartments shall be organised in such a way that they contain the export-producing units or the beneficiary of the import goods; c) compartments for the pursuit of the realization of contracts outside, which respond to the fulfillment of contractual obligations in relations with external partners, the settlement of export and import complaints, the provision of service, the organization and the operation of the marketing network abroad. Personnel assigned to these compartments shall be organised by geographical areas; d) other compartments specific to foreign trade activity, as well as common compartments on economy established according to the law. Foreign trade enterprises which, due to the specificity of their activity, cannot organize separate compartments provided for in points a, b and c, constitute collective working for the treatment and external contracting, pursuit of realization domestic contracts and the pursuit of external contracts within compartments organised on other criteria. + Article 52 In order to ensure the proper adaptation of the organization, foreign trade enterprises may constitute, within the general structure, work compartments with a lower number of personnel than that provided for in the regulations in force, with compliance with the total number of personnel, as well as the report approved according to the law, between the number of senior staff and the execution staff. The number, level, sizing and subordination of the compartments shall be determined according to the specific activity of each foreign trade enterprise and shall be approved by the Ministry of Foreign Trade and International Economic Cooperation. + Article 53 The Ministry of Foreign Trade and International Economic Cooperation, ministries and other central bodies with external trade tasks, as well as the collective management bodies of foreign trade enterprises are obliged to ensure the stability of the working staff in the compartments, in order to achieve continuity in the activity on foreign markets and specialization on genres of operations and products. + Article 54 For the development of commercial activity on foreign markets, it can be established, under the law, with the approval of the Ministry of Foreign Trade and International Economic Cooperation and with the opinion of the ministries and other central bodies subordinated to which it is to carry out its activity, units with economic and financial and currency self-interest and with independence in the realization of the object of activity or subsidiaries of foreign trade enterprises, organized on the same principles, specialized in carrying out commercial operations for the realization of intake foreign currency and foreign currency benefits. + Article 55 Under the guidance of ministries and other central bodies under which they operate and with the approval of the Ministry of Foreign Trade and International Economic Cooperation, foreign trade enterprises organize, in the conditions of the law, the external marketing network, depending on the economic efficiency of the operations, the local legislation and conditions and the agreements with those countries. The external trading network is composed of subsidiaries, branches, own or mixed companies, technical-commercial offices, permanent exhibitions and outlets, cargo warehouses and other forms of marketing. For the purpose of buying raw materials and other products directly from external producers, both for covering the import needs of the national economy and for carrying out commercial operations with foreign exchange, trade enterprises exterior may be organized within the external trading network of own centers or joint purchasing companies, under the law. For the sale of Romanian products and the purchase of import goods, foreign trade enterprises can hire commercial agents, with appropriate material guarantees. + Article 56 Foreign trade enterprises are obliged to organize, together with the manufacturing units, the external network of technical assistance and service for exported products, made up of spare parts warehouses, maintenance centers, workshops repairs and others. + Article 57 The external network of marketing and technical assistance and service operates on the basis of economic and financial self-management, it is usually organized for several products of the same category and falls under own personal or with local agents. + Article 58 The retribution of the working staff operating in foreign trade enterprises and within the external marketing network, technical assistance and service, including commercial agents, shall be made on the basis of percentage shares of the volume of receipts and benefits from external trade, in relation to the actual results obtained. The criteria for granting retribution, on the basis of which the percentage shares are established on foreign trade enterprises, are approved by decree of the State Council, based on the proposals of the Ministry of Foreign Trade and Economic Cooperation International, Ministry of Finance and Ministry of Labour + Article 59 Within the percentage quotas on each foreign trade enterprise, the Ministry of Foreign Trade and International Economic Cooperation, together with the Ministry of Labor, sets specific correction indexes on labor compartments, to take into account the need for external trade plan insurance and international economic cooperation, the achievement of the commodity fund in accordance with external contracts, the rhythmic performance of exports or imports, such as and to obtain the contribution and benefit of the foreign exchange from commercial operations foreign markets. + Article 60 Directors, deputy directors and their assimilates from foreign trade enterprises, regardless of subordinates, as well as from external trade and international economic cooperation compartments of the manufacturing units shall be appointed, release from office, transfer or sanction only with the prior agreement of the Ministry of Foreign Trade and International Economic Cooperation. Participation in benefits, awarding of prizes and other incentives provided by law to the working personnel mentioned in the previous paragraph shall be made only with the approval of the Ministry of Foreign Trade and International Economic Cooperation. + Chapter 6 Measures regarding the activity of Romanian economic units participating in joint production and marketing companies in the country or abroad + Article 61 The Romanian economic units participating in the joint production and marketing companies in the country or abroad are obliged to act, together with the external partners, to carry out the established volume of activity, the currency receipts and of the intended benefit. + Article 62 The Romanian economic units participating in joint production and marketing companies in the country or abroad take measures, together with external partners, in order for them to carry out, outside their object of activity, other operations trade resulting from foreign exchange, in compliance with the legislation of the country in which they are based. + Article 63 The analysis and appreciation by the Romanian bodies of the activity of the joint companies in the country and abroad, constituted with the participation of the Romanian economic units, are based on the balance sheet results + Chapter 7 Final provisions + Article 64 Foreign trade enterprises are required to take measures to ensure the continuous improvement of the efficiency of travel abroad for work. The expenses necessary to make trips abroad, as well as other foreign exchange expenses necessary to carry out the commercial activity, are provided in the budgets of foreign trade enterprises and are recovered by the external price of goods exported or the currency contribution made to commercial operations, in compliance with legal provisions. + Article 65 The provisions of this Law shall also apply accordingly to foreign trade enterprises having in their activity the execution of works abroad and the provision of services for external partners, as well as compartments of economic units authorized, according to the law, to perform foreign trade operations on the foreign market. + Article 66 Violation of the provisions of this law attracts disciplinary, administrative, criminal, material or civil liability, as appropriate, according to the law + Article 67 This Act shall enter into force on 1 January 1981. On the same date the provisions contrary to this law are repealed. This law was passed by the Grand National Assembly at its meeting on 19 December 1980. PRESIDENT THE GREAT NATIONAL ASSEMBLY, NICOLAE GIOSAN --------