Law No. 12 Of 19 December 1980

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

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Law No. 12 of 19 December 1980 concerning the strengthening of workers ' self-management and economic and financial self-administration and currency values in the work of foreign trade and economic cooperation of the ISSUING NATIONAL ASSEMBLY international Published in OFFICIAL GAZETTE No. 111 of 24 December 1980, multilateral Development of the national economy, the benefits of participation in the international division of labour require improvement of self-management and economic and financial self-administration and currency in foreign trade activity, increase diversification and adaptation of production for export in accordance with the requirements of the market, rational management of resources, in order to ensure the necessary means of payment of imports and foreign exchange reserves of the centralized State.
Groups of people working, collective organs of units must act on a permanent basis for achieving and exceeding the export duties, reducing imports to the absolute minimum and, on this basis, the funds necessary for the staff worker cointeresarii material which has contributed effectively to the promotion of the Romanian external market, improve foreign exchange balance.
In order to strengthen workers ' self-management and economic and financial self-administration and currency in foreign trade and international economic cooperation, stimulate economic units in the increase in foreign currency reserves of the State and foreign trade expansion and economic cooperation international, National Assembly of the Socialist Republic of Romania adopts this law.


Chapter 1 economic-financial Self-management and currency in foreign trade and international economic cooperation Article 1 enterprises, power stations, ministries, other Central and local bodies that have loads of foreign trade are obliged to ensure permanent growth and diversification of production for export, the development of competitive products at a high technical level, by building on top of the raw materials, fuels and energy stock production, adaptation to market requirements, the judicious use of foreign imports, promotion of mutually beneficial exchanges and new, effective forms, foreign trade and international cooperation.


Article 2 the overall activity of foreign trade and international economic cooperation is organized and conducted according to the principles of workers ' self-management and economic and financial self-administration and currency values.
On the basis of these principles, the results of external trade and international economic cooperation is reflected in the overall financial results of enterprises, plants producing goods for export or import goods receiving and foreign trade enterprises.


Article 3 in order to achieve economic and financial self-administration and foreign ministries, other Central and local bodies, establishments and foreign trade enterprises are obliged to take measures to allow production for export, the trade in goods in foreign markets and international economic cooperation actions to ensure that costs in foreign currency on the account of own revenue, refund of credits in foreign currency received and the corresponding intake in order to increase foreign currency reserves of the State and the creation of additional foreign exchange resources for imports, as well as the establishment of funds for cointeresarii material for the staff worker that actively participates in the exportation.


Article 4 the Council of Ministers shall be responsible, under the law, the elaboration, within the framework of the national plan's unique economic and social development, the draft plan for foreign trade and international economic cooperation and the general direction and control over the export, import and international economic cooperation.
Ministries, other Central and local bodies and industrial plants, with the participation of foreign trade enterprises, breakdown plan of foreign trade and economic cooperation's international undertakings producing or providing services.
At the same time, economic bodies and establishments referred to in the preceding paragraph shall have an obligation to establish separate production tasks for subfurnizoare units of materials, parts and subassemblies, which participate in the manufacture of finished products for export.
In order to achieve the Fund exclusively for goods intended for export, the time limits and under the conditions laid down in the contracts quality, ministries, other central bodies and industrial plants are required to specialize for export production factories, manufacturing lines or sections, including within the framework of subfurnizoare units, to provide material and technical base and work force necessary.


Article 5 The exportation, subfurnizoare units contained in the plan have obligations and rights stipulated by the law for power plants or, where appropriate, undertakings which factory finished product, exclusive reporting export shipments in question.
The provisions of the preceding paragraph shall also apply to scientific research institutes, engineering and design, which participate in the development of exports, or the execution of works, as well as establishments producing or providing services in connection with the supply of goods or the provision of services with the payment in foreign joint ventures for production and marketing from the Socialist Republic of Romania or by legal entities and physical persons.


Article 6 ministries, other Central and local bodies, power plants and businesses that produce for export or receives annually draw up imports trade balance and plan of receipts and payments of own currency foreign trade and international economic cooperation.
Trade balance of activity of their own foreign trade and international economic cooperation shall be approved with the tasks of the plan include: a) the exportation, including within the framework of international economic cooperation;
  

b) importing, including within the framework of international economic cooperation;
  

c) balance of trade.
  

Plan of receipts and payment currency is part of the budget of income and expenditure and shall comprise: a) proceeds from export shares of international economic cooperation, loans, interest and other activities;
  

b) pay for imports, the development of international economic cooperation actions, refunds, interest and other activities;
  

c) balance currency plan.
  

The surplus currency planned spill as minimal centralized Foreign Exchange Fund of State organs and units with loads of external trade given the obligation to take measures to enhance this surplus, in order to increase foreign exchange reserves.


Article 7 Imports planned shall be made only to the extent that it achieves quarterly receipts and payments laid down in the plan or export contracts exist to ensure the necessary currency resources. In the event that these resources are not provided, the ministries, other Central and local bodies, power plants and businesses have an obligation to properly resize the volume of imports, in the framework of the planned foreign exchange balance.
For the units to which the import is done to achieve exports by other units, the provisions of the preceding paragraph shall be applied to the balance of the currency units.


Article 8 In accordance with the provisions of the single national plan for economic and social development, foreign trade enterprises have the obligation to ensure the sale of Romanian goods to foreign markets, supplying the national economy with imported goods and the necessary measures of international economic cooperation, in terms of increased economic efficiency.
The Ministry of foreign trade and International Economic Cooperation, together with the ministries and other central bodies, holding down on foreign trade enterprises plan for export, import and international economic cooperation and ensure that the measures necessary for the implementation of the tasks set.


Article 9 foreign trade Enterprises have the task to perform, according to the legal provisions in force, and other commercial operations in foreign markets than those corresponding to art. 8, with the intake and benefits.
The Ministry of foreign trade and economic cooperation's international foreign trade enterprises to allocate tasks of foreign contribution from other commercial operations, on the basis of the provisions of the balance of foreign payments.


Article 10 foreign trade Enterprises are obliged to pursue a profitable activity, to cover the cost through its own revenue and gain benefit from planned export-import operations and actions of international economic cooperation, to ensure the necessary resources for the development of its own affairs, the establishment of other funds as provided by law and contribute to the overall development of society.

Foreign trade enterprises are responsible for contracting and the whole conduct of the external fund planned to export goods.
The plan to export Enterprise foreign trade shall be considered fulfilled in the conditions to the completion of the foreign currency funds from exportation of goods received towards progress from establishments in the country and the currency total intake, the intake related merchandise currency Fund planned to export, calculated according to the legal norms, and foreign trade operations and the contribution of the foreign markets, established under art. 9 of this law.


Article 11 the total volume of foreign trade organisation consists of: a) are necessary to achieve commercial operations plan for export and import;
  

(b) cooperative activity) production and other forms of international economic cooperation;
  

c) commercial operations necessary for the accomplishment of the task of foreign contribution;
  

d) work carried out in order to achieve in the Socialist Republic of Romania's economic objectives on the basis of loans from the International Bank for reconstruction and development;
  

e) sales and purchases with payment in foreign currency effected in dealing with joint ventures for production and marketing from the Socialist Republic of Romania;
  

f) other operations for sale, purchase or service with payment in foreign currency effected according to the law in dealing with foreign legal and physical persons.
  


Article 12 on the basis of the total volume of foreign trade enterprises activity shall, under the direction of ministries and other central organs to whom it does business, revenue and expenditure budgets, expressed in lei, subject to the approval of the Ministry of foreign trade and International Economic Cooperation and the Ministry of finance.
The budget comprises all revenue and expenditure of the company, both in lei and in foreign currency converted into lei, specified in the receipts, payments and currency benefits, which forms an integral part of the budget.
The chapter "revenue" budget undertaking foreign trade comprises all revenue from export duties, the internal beneficiaries of the settlement of the imported goods, the work of international economic cooperation and the benefits of international trade services, foreign exchange operations with the intake, commissions, and interest, as well as from other activities.
"Expenditure" budget undertaking foreign trade comprises all payments for imports, the settlement by the establishments of the exported goods, measures of international economic cooperation and the benefits of international services, commercial operations with currency, repayment of the contribution and the payment of interest, remunerate staff worker, making trips abroad, as well as other expenses for the whole achievement activities.
The revenue and expenditure budget of the enterprise of foreign trade also encompasses the balance between revenue and expenditure in the budgets of foreign marketing network and technical assistance and after-sales service, approved by the governing body of the organisation.


Article 13 the plan proceeds, pay and benefits, the enterprise's foreign trade comprises: a) proceeds and payments in foreign currency arising from the plan of foreign trade and international economic cooperation;
  

b) receipts and payments in foreign currency arising from commercial operations in foreign markets performed for obtaining foreign intake.
  

The "receipts" plan includes all categories of enterprise's foreign currency receipts from export, capitalizing on superior products on foreign markets, execution of works, the provision of technical assistance, service, trade with foreign input, commissions, interest and other revenue-generating activities.
The "pay" plan includes all categories of enterprise's foreign currency payments for imports, buying goods in order to carry out trade operations with currency input, external transport roadmap, participating in fairs and international exhibitions, advertising, commissions, interest, overseas trips, and other activities that generate foreign exchange payments.


Article 14 Council of Ministers organises and controls the realization by ministries, other Central and local bodies of tasks in the field of foreign trade and international economic cooperation, improving the quality of products intended for export, as well as raising the competitiveness of these products on foreign markets, take measures to ensure the equilibrium exchange rate established by the plan and increasing foreign exchange reserves.
The Ministry of foreign trade and International Economic Cooperation, the Ministry of finance, ministries and other central organs are required to exercise the control and guidance of the economic and financial activity of foreign trade enterprises and establishments producing goods for export, to take measures for the proper management of material and financial assets and increase the economic efficiency of the entire activities of foreign trade and economic cooperation.


Article 15 the appreciation of foreign trade enterprises activity is done on the basis of the balance sheet, which includes the financial results of external network marketing and technical assistance and service.


Article 16 foreign trade enterprise which do not realize the revenue entered in the budget may be used, in accordance with the law, for a period of three months, loans with interest to ensure normal conduct of the business.
The collective body of the Board of foreign trade enterprise is obliged to adopt and to implement a special programme of measures in order to achieve the revenue entered in the budget. The Ministry to which the undertaking is located, and the Ministry of foreign trade and International Economic Cooperation are obliged to analyse its activity on a monthly basis, taking steps to realize the tasks according to the provisions of this law.
Where at the end of the period of the undertaking does not achieve its lending volume of activity established according to the present law, collective management body is required to resize and the number of personnel expenses within the limits of revenues.
Normal interest crediting may be extended for not more than three months, with the approval of the Ministry of foreign trade and International Economic Cooperation and the Ministry of finance, only where it is established, together with the Ministry to which the undertaking is situated, as it has the perspective to realize the volume of activity in the respective period.


Article 17 where the activity of a foreign trade enterprises are not carried out properly, the Ministry of foreign trade and economic cooperation between its International delegate specialist frameworks trustee under the leadership of the company, ensuring the implementation of the measures necessary for carrying out its tasks under the provisions of the present law.
In special situations, when business continues to be unsatisfactory, the Ministry of foreign trade and economic cooperation International proposes the introduction of special arrangements for supervision, according to the law.


Chapter 2 the contractual Relations between foreign trade enterprises and establishments producing goods for export or import of goods from recipient articles 18 foreign trade Enterprises are obliged to prospect in foreign markets, to systematically inform establishments over the demands of these markets, price trends and international conjuncture, to conclude in advance contracts with foreign partners, in accordance with the plan of foreign trade and economic cooperation.
Imports of machinery and equipment shrinks in counterpart with the Romanian exports, mainly from the automotive industry-based parallel contracts or cooperative actions in production, to ensure, together with the importation, exportation.
The conclusion of major export and import contracts, particularly those relating to the export and import of machinery and equipment complexes and shares of international economic cooperation, with the participation of representatives and establishments, as well as, where appropriate, scientific research institutes, engineering and design.


Article 19 of Exports, making for construction-Assembly works and the performance of other economic targets abroad is carried out by the supplier or, if applicable, the general contractor, established according to the law.
General supplier, general contractor, respectively, in the main, the following obligations: a) to provide export complex installations and other targets that capitalize on superior conception of its own facilities, equipment and other products made in the country;
  


b) ensure in advance, through scientific research institutes, engineering, design and other specialized units, projects and other documentation necessary to participate in auctions and permanent improvement in relation to requirements of external partners;
  

c) ensure cooperation contracts with subcontractors complain, designers and, where appropriate, with the general contractor, in strict correlation with the contract, as well as the execution period and quality of all the obligations incumbent upon them;
  

d) ensure commissioning and handover of the contracted term of goals achieved, evidence for demonstrating the projected parameters, execution of possible fixes and performance of other obligations incumbent on it in warranty period, according to the agreement, as well as technical assistance and training foreign partner under the terms agreed with it.
  

The Ministry of foreign trade and International Economic Cooperation and the Department of international economic cooperation within this Ministry coordinates and controls the entire business of making complex and responsible exports, according to the law, the exportation of installations or complex economic objectives and execution of construction and Assembly works abroad, in accordance with the provisions of the plan and in compliance with contracts.


Article 20 foreign trade Enterprises are obliged to conclude foreign contracts at competitive prices on the international market, capitalizing on the upper part of the export products and the corresponding efficiency of imports.


Article 21 foreign trade enterprises on foreign markets could act as an incentive to undertakings producing goods for export or import of goods from the recipient, as well as on their own, according to the regulations in force.


Article 22 on the basis of the provisions of the foreign trade and foreign contracts, foreign trade enterprises with plants and firms producing goods for export or import recipient of economic contracts, Commission sale-purchase, of carrying out works or provision of services.
Provisions of internal contracts constitute obligations for both farms foreign trade enterprises, to ensure that external conditions for the exportation and importation, and establishments providing goods at fund level contracted.
Failure to fulfil obligations through internal contracts attract the contractual liability of the parties, as well as disciplinary, civil or criminal, material, where applicable, persons convicted under the law.


Article 23 the contracting Units are obliged to correlate internal contracts with external contracts relating to the subject of export, import, or the action of international economic cooperation, delivery date, method of payment, price, packaging, warranties, conditions, reception transportation and shipment, method of resolving complaints, penalties and compensation to keep the goods, late delivery or defects with quality, as well as other benefits necessary for execution of obligations.


Article 24 foreign trade Enterprises are obliged to exercise permanent control over the establishments to be put into production within execution and quality of export goods and to take, together with the establishments, in order to achieve export contracts.


Article 25 establishments are responsible for making goods to be exported within the time limits and under the conditions laid down in the quality of foreign contracts.


Article 26 irrespective of whether the Act on foreign markets as an agent or on their own, foreign trade enterprises are obliged to take charge of the establishments, the contractual deadlines, goods in respect of which there are external contracts.


Article 27 foreign trade Enterprises can buy and take over from establishments, at international market prices and time of purchase with immediate payment, some situation, seasonal goods or which are the subject of transactions at stock exchanges, as well as some consumer goods and other goods for which contracts have been concluded, but there is the certainty of export for the purpose of renting to external on your own and carry out commercial transactions with foreign input. The list of such products shall be established by the Ministry of foreign trade and International Economic Cooperation, together with the economic ministries concerned.


Article 28 acquisition of goods intended for export or from import shall be made on the basis of the final receipt transactions carried out through foreign trade companies or representatives, on the basis of a contract, through specialized units.
Quality control of goods at the reception of the final shall take place in conjunction with the control bodies of the General State Inspectorate for quality control of products, and for certain products, in particular machinery and equipment with a high degree of complexity, with the participation of the institutions or units specialized in controlling and in exploiting them.
Economic ministries, other Central and local bodies, which were responsible for such institutions or units are obliged to provide, at the request of foreign trade enterprises, execution of operations on the basis of contractual control.
At the reception of the final will not be permitted to export, import, the goods in question which are not corresponding to the requirements of the contract. Rejection of import and export goods at the final reception attracts the responsibility of producing units, external suppliers, according to contract terms.


Article 29 foreign trade Enterprises together with the establishments are obliged to take measures for the development of rhythmic export goods. Also, foreign trade enterprises are responsible for collection of the currency established in foreign contracts.


Article 30 the Ministry of transportation and Telecommunications, other central organs with tasks in the field of transport are obliged to take measures to ensure the means of transport by rail, auto, shipbuilding and aircraft necessary for export and import, improvement of technological processes for shipping and handling, by extending containerizarii, transcontainerizarii, paletizarii, pachetizarii and machinery for loading-unloading operations, reducing the time of immobilization of the means of transport.
Transport units shall be responsible for the integrity and preservation of the products on the entire journey, as well as the realization of cargo transportation in accordance with contracts signed with foreign partners. Ministries, other central organs, with loads of foreign trade are obliged to take measures for bringing goods and rhythmic ships in ports, under the conditions laid down in the contracts, and together with the units responsible for port, reducing the time of stationary vessels, increase labour productivity in port activity, ensuring progress of the goods through the ports in terms of readiness and rhythmicity while complying with established monitoring programmes are correctly according to law.


Article 31 Reporting the completion of the export and import, including within the framework of international economic cooperation, both at foreign trade enterprises and establishments on the basis of the Customs Declaration and other documents as determined by law.
The products and product groups, expressed in value and plan in natural units, the export plan is considered fulfilled if the task was carried out in compliance with the rules, the value of consumption of raw materials.
The value of net production related exports shall be calculated starting from the actual quantities exported and the prices obtained, processed in lei at the exchange rate of return established on commodities or groups of commodities. The value of production thus determined is used for the issue of staffing.


Article 32 export establishments responsible for deficiencies in quality of goods delivered to external partners, established in accordance with the contractual provisions. In the case of complaints concerning goods exported, establishments and foreign trade enterprises are obliged to act promptly to resolve them, according to the contract.
Import, foreign trade enterprises are obliged to provide accurate foreign contracts clauses and on the quality of the goods, to ensure the proper officials, reaching technical and economic parameters and the liability of foreign partners. In case of deficiencies in imported goods, foreign trade enterprises and beneficiary establishments are obliged to determine external providers to ensure, in the conditions laid down in the contracts, rectification or replacement of defective products promptly, as well as the payment of damages or other way to recover damages in question.


Chapter 3

Financial relations between foreign trade enterprises and establishments producing goods to be exported or imported goods benefiting from Article 33 starting January 1, 1981, shall be entered in the course of commercial activity of the foreign trade.
Single trading course reflect media training courses return to export and import, on products and product groups and is determined on an annual basis, together with them, the national plan for developing unique economic and social development. In order to improve efficiency of foreign trade activity and strengthening of the national currency, to establish a commercial rate and the rate of return on products and product groups are beginning to need recovery enhancement of export products on foreign markets, by improving marketing and internal production cost reduction, imports more advantageous conditions , aiming to reduce return rates on exports and completion of appropriate courses.
From the date of introduction of the unique commercial rate, the plan of foreign trade and economic cooperation, the plan of international tourism and international benefits plan proceeds and payments, for non-commercial operations plan, balance of payments, foreign currency transactions and other banks ' foreign operations, and reporting their realisation will be expressed in lei, at the commercial rate.


Article 34 the currency made up of the work of foreign trade and international economic cooperation or, where appropriate, necessary for the conduct of such activities shall be surrendered, that receives from the Romanian Foreign Trade Bank and it's settled foreign trade enterprises at an annual rate of return established on commodities or groups of commodities.
In pursuing the way of ensuring balance and highlight the activity of foreign trade enterprises, they have the Romanian Foreign Trade Bank, along with accounts in lei, keeping accounts in foreign currency.
For commercial operations in foreign markets made in order to obtain input, as well as for other operations carried out according to law, foreign trade enterprises may open at the Romanian Foreign Trade Bank accounts in foreign currency. For availability of what are appropriate under the law, contained in those accounts, foreign trade enterprises receive interest.


Article 35 foreign Prices of export and import is reflected in the results of financial and economic units producing goods for export or import of goods from the recipient.


Article 36 export foreign trade enterprises producing units settled the equivalent value of the exported goods, external price converted into lei, at the rate of return established on commodities or groups of commodities, of which deducted fee rebate or share trade, established according to legal norms.
Settlement of goods exported to the establishments shall be carried out as cash foreign currency from outside the time limits set in the contracts. Up to the equivalent value of goods exported in lei, producing enterprises can use credits in lei, with interest.
When exporting on credit for a period longer than one year, foreign trade enterprises producing units settled the equivalent value of exported goods at delivery. Until the receipt of foreign currency from foreign trade enterprises external use credits in lei given by Romanian Foreign Trade Bank, under the conditions laid down by the rules in force.
Exports of cars, machinery, installations, as well as the execution of construction-Assembly works and other works abroad, share in respect of the security for the proper functioning, in order to obtain technical parameters and capacity is currently executing or producing units settled at the expiry of the warranty period or achieve the parameters.
Ministries, other central organs, plants, producing enterprises and foreign trade enterprises are obliged to take measures for cost reduction and modernization of production, to increase the use of products in foreign markets, in order to increase economic efficiency.


Article 37 on import, foreign trade companies reimbursed the recipient units the equivalent value of the imported goods on delivery as follows: a) the plan shall be provided through courses delivered to rollback prices formed by conversion of foreign prices in lei at the rate of return on commodities or groups of commodities, plus customs duties and share the Commission established in accordance with the rules laid down by law;
  

b) products are not through rollback plan courses are delivered at prices formed by conversion into lei at the exchange rate of foreign trade prices for unique, plus customs duties and share the Commission established in accordance with legal norms.
  


Article 38 in the case of the so-called special phenomena in foreign markets, which lead to significant negative or positive influences toward the planned return rates, determined by the activity of producer units or foreign trade, the Ministry of foreign trade and International Economic Cooperation and the Ministry of finance, together with the ministries and other central organs with foreign trade tasks, submit for the approval of proposals to amend the respective rates of return or about the desirability of continuing to finance their exports imports, respectively, as are neeficiente.
The State budget provides funds annually to the haphazard influences, which is formed from levies resulting from favorable price influences, the customs duties on imports 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 other banks authorized for purchase of goods for export from establishments, implementation costs of storage and consignment abroad, to carry out commercial transactions with foreign input, as well as for other activities.
Credits in lei are granted foreign trade enterprises in the short term, in accordance with the regulations in force, within the framework of the annual volume of credits established by law. Loans in foreign currency shall be granted foreign trade enterprises under the conditions of the international market.


Article 40 the Ministry of foreign trade and International Economic Cooperation and the Ministry of finance, together with the National Bank and banks specialising, draw up guidelines with respect to internal clearing of pre-financing and the operations of foreign trade and economic cooperation.


Chapter 4 stimulation of export and foreign trade enterprises Article 41 establishments have the right to use their own necessities, for a fraction of the volume of foreign exchange revenue earned over the provisions of their plan, on account of the increase in production and exports, including within the framework of international economic cooperation, in the conditions to the completion of the planned comeback.
For part of its foreign exchange receipts state that can be used by them is 80 per cent and shall be distributed as follows: a) at least 50 per cent for the producing company;
  

b) up to 10 per cent at the disposal of the plant which has subordinated the establishment;
  

c) 20 per cent at the disposal of the Ministry, the central organ or local level respectively.
  

In the case of cooperative units shall be paid from the proceeds of the additional currency is 50 per cent, with the following purpose: to) at least 30 per cent for establishment;
  

b) not more than 20 per cent at the disposal of the central co-ordinating body.
  


Article 42 where the exported product over the provisions of the plan is achieved through the collaboration of several units of the currency unit that carried out the finished product part shall be allocated to the units, depending on the anticipated contribution to the performance of the product.


Article 43 the amounts in foreign currency in the right units and bodies referred to in article 1. 41 and 42 will be set out in the balance of foreign payments and may be used for imports intended for the production of export development and introduction of new technologies or for the purchase of materials, sub-assemblies and components needed, with justifications and approvals as provided by law.


Article 44 the proper Currency from overcoming export plan shall keep separate accounts in foreign currency from banks, pay the interest in legal currency. For the equivalent amount of currency kept in these accounts can banks loans in lei acora within the limit of the amount incurred in the course of reverting the export environment unit, pay interest.


Article 45 foreign exchange Funds from overcoming export plan, unused in the year in which they were made, it can be used the following year.

After this period, unused currency funds pour at centralised Exchange Fund of the State, and holding units receive the equivalent in lei, including interest thereon, calculated at the average rate of return achieved by the respective unit of export.


Article 46 of the staff worker producing export goods benefiting from the incentives Fund increase participation in profits, awards for outstanding results, currency funds performed over the plan to organise for collective trips abroad and other rights provided by law.
Provisions for export over a plan to increase the quota, funds of proper participation in the benefits of staff worker of State, established by the Council of State Decree No. 145/1979 regarding production stimulation through benefit for export shall be increased from 10 to 20 per cent.


Article 47 Staff worker of foreign trade enterprises to benefit from the results of the export activity, what awards granted during the year for outstanding accomplishments and awards for completion of export-import operations and provision of services which have a high currency and financial efficiency for national economy and other rights provided by law.
Provisions for export over plan, staff of foreign trade enterprises benefit from additional prizes shall be awarded within the framework of the annual quota established in the single national economic and social development, of the benefits over the plan made as a consequence of overshoot of the burden.


Chapter 5 measures of activity and the Organization of foreign trade enterprises in article 48 All foreign trade enterprises can carry out the object of activity, exports of construction machinery, under consideration for importation operations, as well as exports of all kinds of goods, if it achieves efficient plan indicators.
Foreign trade enterprises may also perform according to art. 9, commercial operations in foreign markets with any kind of foreign goods and values.
Exports and the operations referred to in the previous paragraphs are coordinated by the Ministry of foreign trade and International Economic Cooperation.


Article 49 commercial operations concerning the importation of goods and export goods available Romanian similar calculation of economic efficiency and the currency supply is made in a foreign currency, and the same applies to domestic payments in lei, both for goods imported and exported the.


Article 50 the dimensions of foreign trade enterprises and number of workstations TESA shall be determined according to the nature of the operations carried out and the products marketed through the application of norms in force structure and the total volume of activity, carried out by groups of goods, benefits and works and is approved according to law.


Article 51 according to the total volume of activity, product classification and address the specifics or seasonal goods, organizational structure of the foreign trade enterprises include: a) compartments for negotiations and OK, responsible for ensuring external orders portfolio for the plan of export, import and international economic cooperation, as well as the completion of the task of foreign trade operations and input on foreign markets.
  

Staff employed in these compartments is organized into groups and geographical areas, depending on the specific products and markets;

b) compartments for tracking the achievement of the internal contracts responsible for the conclusion and performance of contracts with domestic units producing goods for export, or for the actions of international economic co-operation, including securing freight contracted Fund, as well as the conclusion and enforcement of domestic contracts with the beneficiary units of imported goods. Staff employed in these compartments is organized so as to include units producing for export or import of goods from the recipient;
  

c) for tracking the achievement of bins outside contracts, responsible for the fulfilment of contractual obligations in dealing with foreign partners, resolving complaints, the export and import insurance service, organisation and functioning of the marketing network abroad. Staff employed in these compartments is organized by geographical areas;
  

(d) the specific activity) other compartments of foreign trade, as well as common economics established compartments according to the law.
  

Foreign trade enterprises which, due to the specifics of their activity, they cannot organize separate compartments referred to in subparagraphs a, b and c, are working for the collective negotiations and achieving external, tracing OK contracts from internal and external contracts in pursuit of achieving within the compartments held on other criteria.


Article 52 to ensure adequate adaptation of the Organization, foreign trade enterprises may constitute, within the general structure, with compartments a number lower than that provided for in the staff regulations in force, in compliance with the total number of staff, as well as of the report approved by law, between the number of managerial staff and personnel.
The number, level of subordination, and sizing shall be determined according to the compartments of the peculiarity of each foreign trade enterprises and is approved by the Ministry of foreign trade and International Economic Cooperation.


Article 53 the Ministry of foreign trade and International Economic Cooperation, the central ministries and other organs with loads of foreign trade, as well as the collective organs of foreign trade enterprises are obliged to ensure the stability of the staff worker within compartments, so as to ensure continuity in the work of foreign markets and specialized types of operations and products.


Article 54 in order to develop commercial activity in foreign markets, it may establish, in accordance with the law, with the approval of the Ministry of foreign trade and International Economic Cooperation and the ministries and other central organs under which to operate, units with autogesiune economic-financial and currency and with an independent in carrying out the objects or subsidiaries of foreign trade enterprises, organized on the same principles , specializing in the making of commercial operations for foreign contribution and benefits.


Article 55 under the direction of ministries and other central organs under whom operates and with the approval of the Ministry of foreign trade and International Economic Cooperation, foreign trade enterprises organize, in accordance with the law, foreign marketing network, depending on the economic efficiency of operations, legislation, and local conditions and agreements with the countries concerned.
Network marketing is made up of subsidiaries, branches, joint ventures or commercial, technical and commercial offices, permanent exhibitions, shopping outlets, warehouses and other forms of marketing.
In order to purchase raw materials and other products directly from manufacturers, both to cover the import demand of the national economy, and for carrying out commercial operations with currency, intake of foreign trade can be organised within the network of foreign trading centers or joint ventures of acquisition, in accordance with the law.
For the sale of products and the purchase of imported goods, foreign trade enterprises can engage with commercial agents, guarantees appropriate materials.


Article 56 foreign trade Enterprises are obliged to organize, together with foreign establishments, technical assistance network and service for exported products, made up of warehouses for spare parts, maintenance, repair shops, and more.


Article 57 external Network Marketing and technical assistance service and operates on the basis of taking economic and financial and Forex are held, as a rule, for more products in the same category and fall with own personnel or with local agents.


Article 58 Remunerate staff worker who performs in foreign trade enterprises and foreign network marketing, technical assistance and after-sales service, including commercial agents, shall be made on the basis of a percentage of the quota volume of receipts and benefits derived from foreign trade activity in relation to the results actually obtained.

Retributiei criteria, on the basis of which it shall determine the percentage shares on foreign trade enterprises, approved by the Decree of the State Council, based on proposals from the Ministry of foreign trade and International Economic Cooperation, the Ministry of finance and the Ministry of labour.


Article 59 under quota percentage on every enterprise of foreign trade, Ministry of foreign trade and International Economic Cooperation, in conjunction with the Ministry of labour, establishes specific correction indexes on bins that take into account the need to ensure the plan contracts with foreign trade and international economic cooperation, implementation of the merchandise in accordance with foreign contracts, conducting exports or imports rhythmic as well as obtaining benefit from currency gains and commercial operations in foreign markets.


Article 60 directors, Deputy Directors and asimilaţii of foreign trade enterprises, regardless of their subordinate, as well as from external trade bins and the international economic cooperation from establishments are appointed, dismissed, transferred or punished only with the prior agreement of the Ministry of foreign trade and International Economic Cooperation.
Participation in profits, the awarding of prizes and other incentives provided by law staff worker referred to in the preceding paragraph shall be made only with the approval of the Ministry of foreign trade and International Economic Cooperation.


Chapter 6 measures concerning economic activity of the Romanian units participating in joint ventures for production and marketing of the country or from abroad Article 61 of the Romanian economic Units participating in joint ventures for production and marketing in the country or abroad are obliged to act, together with foreign partners in order to achieve the volume of activity is established, revenues and currency benefit.


Article 62 of the Romanian economic Units participating in joint ventures for production and marketing in the country or abroad shall take steps, together with foreign partners, in order for them to carry out their activity outside the object, other commercial operations which shows foreign contribution, in compliance with the laws of the country where they have their headquarters.


Article 63 Analysis and assessment by the Romanian organs of business ventures in the country and abroad, set up with the participation of the Romanian economic units are made on the basis of the results of the balance sheet.


Chapter 7 final provisions Article 64 foreign trade Enterprises have the obligation to take measures to ensure the continuous improvement of the efficiency of overseas trips in the course of their work.
Expenses needed for carrying out the trips abroad, as well as other charges for foreign exchange business, provision is made in the budgets of foreign trade enterprises and recovered through the price of exported goods or foreign currency transactions conducted at intake trade, in compliance with the legal provisions.


Article 65 provisions of this law shall be applied properly and foreign trade enterprises which have their object the execution of works abroad and the provision of services for foreign partners, as well as from economic units, compartments authorized under the law to conduct foreign trade operations on the external market.


Infringements of the provisions of article 66 of this law shall entail disciplinary, administrative, civil or criminal, material, as appropriate, in accordance with the law.


Article 67 this law shall enter into force on 1 January 1981.
On the same date provisions contrary to this law are hereby repealed.
This law was adopted by the National Assembly at its meeting of 19 December 1980.
PRESIDENT of the GREAT NATIONAL ASSEMBLY, Nicholas GALARZA-— — — — — — —