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Law No. 78 Of 6 July 1995 On The Protection Of The Personnel And Heritage Defence Production Sector

Original Language Title:  LEGE nr. 78 din 6 iulie 1995 privind protecţia personalului şi a patrimoniului din sectorul producţiei de apărare

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LEGE No. 78 of 6 July 1995 on the protection of personnel and heritage in the defence production sector
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 146 of 12 July 1995



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The protection of personnel and heritage in Romania's defense production sector is carried out under the conditions of this law. + Article 2 The defence production sector comprises the human resources and the heritage of all economic agents, used exclusively for the research, design, assimilation, manufacture, marketing and repair of armaments, ammunition, combat technique, The replacement parts thereof and other military-specific materials necessary for the forces of the national defence system, in time of peace and war. + Article 3 Goods which, by their nature or by a legal provision, are used exclusively within the defence manufacturing sector shall be subject to the property of the State. + Article 4 Economic agents with private capital benefit from the provisions of this law only for production capacities for defense. + Chapter 2 Protection of personnel working in the defence manufacturing sector + Article 5 The personnel who carry out an activity in the defense production sector are entitled to social protection of labor under the conditions of the legislation in force and of this law. + Article 6 In case of interruptions of the activity of economic agents within the defense production sector, due to the lack of raw materials or orders, the affected employees can remain at the disposal of economic agents, fulfilling the tasks that will be establish, and receive an allowance equal to 75% of the last monthly basic salary, including the increase of seniority, from which the tax provided by law was deducted, with the maintenance of the employment contract, for a period of no more than 180 working days, in the last 12 months. Nomenclature of economic agents, sectors and professional categories benefiting from the provisions of par. 1 is established annually by Government decision. During the interruption of the activity, the affected personnel may be qualified, retrained or professionally perfected. The payment of this allowance and the tuition expenses will be made, based on the Government's decision, from the unemployment funds constituted according to the law. + Article 7 In case of interruption of activity under the conditions specified in art. 6, the machines will be maintained, according to the technical prescriptions, for the entire duration of the interruption. Employees affected by the interruption of activities will work in other activities or perform the necessary maintenance work, as planned by the management of the units, the volume of work performed not exceeding 75% of the normal working time, according to Allowance received. + Chapter 3 Protection of the heritage of the defence + Article 8 The Defence Production Coordination Commission, led by the Secretary of State and Head of the Department of Endowment and Armed Logistics of the Ministry of Defence, is set up to coordinate the work in the defence manufacturing sector. National. The composition and duties of the Defence Production Coordination Commission shall be determined by Government decision. + Article 9 In order to protect the heritage of the defence production sector, the "general inventory of the heritage of the defence production sector", hereinafter referred to as the inventory, The inventory shall comprise the goods and the values recorded, reflecting the value of the heritage destined for the defence The technical and technological documentation of the products for the production of military technique financed from the funds intended for defense is and remains in the public property of the state and in the administration of the The department of endowment and logistics of the army, as a methodological and control body, will submit for approval to the Minister of National Defence, within 30 days of the adoption of this law, an instruction draft on the way of elaboration, record and use of documentation for the production of military technique. + Article 10 The obligation to draw up the inventory have economic agents defined in art. 2. + Article 11 The inventory is updated on a general inventory basis once every 5 years and does not replace the current inventory of the unit's assets, disposed on the basis of other accounting laws. The inventory is centralised in the evidence of the Defence Production Coordination Commission. + Article 12 The production capacities of the state-owned economic agents of the defense production sector, which are the subject of state property, may be leased or leased, under the law, only with the opinion of the Commission for Coordination of Production of Defense. The change of the owner of the production capacities with private capital is made with the opinion of the organ coordinating the activity of the defense + Article 13 For the efficient use of the production capacities remaining temporarily unused, the economic agents of the defence production sector may carry out other production and service activities, ensuring the return to the basic activity, according to law + Article 14 The temporary modification of the object of activity of economic agents in the defense production sector, their association with natural or legal persons, Romanian or foreign, as well as their removal from the sector, shall be made according to the law, with the opinion of the Defence Production Coordination Commission and the Central State Office for Special Issues. + Article 15 The privatization of economic agents that have the structure and production capacities for defence cannot affect the integrity, operation and level of production on these capacities. + Article 16 Capacities in the defence production sector which remain unused but which are provided from programmes as if necessary to resume their core business may be preserved for a duration of more than one year, with the opinion of the Coordination Commission. Defense production and the Central State Office for Special Issues and exempt themselves from paying amortisses during the preservation period. + Article 17 In particular situations, caused by natural disasters, fires or other force majeure events, which have the effect of decommissioning capacities intended for the production of military and military-specific materials, The government ensures, through the specialized bodies of the central public administration and the affected economic agents, the measures necessary to immediately reinstate them. + Article 18 The responsibilities for preserving the physical and functional integrity of the inventory assets of the defense production sector's assets return to each economic agent, as well as the Defense Production Coordination Commission, for the duties they have been established. The government, through its specialized bodies or by certain persons empowered, has the right of control over the activity of the defense production sector. + Article 19 The financing of activities in the current programmes on modernisation, refurbishment, conversion, conservation and maintenance of capacities in the defence production sector shall be made from the own sources of economic agents, from sources attracted or budget, according to the law + Article 20 Economic agents, as well as other legal persons who have in administration or in use property land of the state used for the defense production sector, including warehouses intended for military products and materials with military-specific destination, as well as their safety zones established according to the rules, are exempt from the payment of taxes for the use of those land and the tax on buildings used for that purpose. + Chapter 4 Sanctions + Article 21 Violation of the provisions of this law attracts, as the case may be, disciplinary, material, contravention or criminal liability of the guilty + Article 22 The prevention, in any form, of the control bodies to exercise their duties or non-making available to them the documents and documents subject to control on the defense production sector shall be punished with imprisonment from 6 months to 3 years. + Article 23 It constitutes contraventions, if not committed under such conditions that, according to the criminal law, to constitute crimes, the following facts: a) inadequate preservation of the past defence production capacity in conservation or unmaintained; b) non-solicitation or non-compliance with the opinions provided in art 12, 14 and 16 of this Law; c) non-preparation or partial or improper preparation, with erroneous data, of the inventory, as well as of any situations requested, under the law. + Article 24 The contraventions provided in art. 23 lit. a) and c) are sanctioned with a fine of 500,000 lei to 1.500.000 lei, and the one from lit. b) is sanctioned with a fine of 1,000,000 lei to 3,000,000 lei. Fines can also be imposed on legal entities. + Article 25 The contraventions provided for in this law are found and the sanctions apply by the persons empowered by the Government. + Article 26 Against the minutes of finding the contravention and the application of the fine can be made a complaint to the court within which the contravention was committed, within 15 days from the date of its communication. + Article 27 The provisions of this law, regarding the contraventions, are completed with the legal provisions on the establishment and sanctioning of contraventions + Chapter 5 Final provisions + Article 28 This law shall enter into force within 30 days of its publication in the Official Gazette of Romania. On the same date, any contrary provisions shall be repealed. This law was adopted by the Chamber of Deputies at the meeting of June 26, 1995, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of June 26, 1995, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN ------------------------