LEGE no. 139 139 of 29 December 1995 (* updated *) National Red Cross Society of Romania ((applicable from 1 January 2016 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The National Red Cross Society of Romania is the legal person of public law, autonomous, non-governmental, apolitical and without patrimonial purpose. It carries out its humanitarian work, as a voluntary, auxiliary aid organisation of the public authority. + Article 2 (1) The National Red Cross Society of Romania is organized and operates on the basis of its own status, as the only Red Cross society, both in peacetime and in times of war, based on the law and the Geneva Conventions of 1949 to which Romania is a party. ... (2) The fundamental, moral and legal principles according to which the activity of the National Red Cross Society of Romania is carried out are those of the International Red Cross and Red Crescent Movement: humanity, impartiality, neutrality, independence, volunteering, unity and universality. ... + Article 3 (1) The activity of the National Red Cross Society in Romania is open to all, and its humanitarian actions are carried out throughout the country. ... (2) The National Red Cross Society of Romania participates in international activities, organized in accordance with the conventions concluded in this field, to which Romania is a party, as well as to other international actions of a character humanitarian. ... + Article 4 (1) The emblem of the National Red Cross Society of Romania, adopted at its foundation, on July 4, 1876, is set out in the annex that is an integral part of this law. ... (2) The emblem of the National Red Cross Society of Romania represents a cross, made up of five equal squares, of vermion red color, placed on white background and surrounded by two concentric circles of the same color. In the space between the two circles is inscribed, in capital letters red vermion, on white background, the inscription: NATIONAL SOCIETY OF RED CROSS. ROMANIA. ... + Article 5 ((1) The emblem, as an indicative sign, shall be used, in peacetime, by: ... a) The National Red Cross Society of Romania, during the events or campaigns for the collection of funds; ... b) third-party legal entities associated with actions of the nature of those referred to in a); ... c) means of transport; ... d) the first aid posts, if they are intended exclusively for free care. ... (2) The authorization for the use of this emblem in the cases provided in lett. b)-d) is issued by the National Red Cross Society of Romania. ... (3) In time of armed conflict, the emblem, as an indicative sign, is used, exclusively, by the National Red Cross Society of Romania. ... + Article 6 (1) The emblem, as a protective sign, can be used in peacetime by the National Red Cross Society of Romania. ... (2) In time of armed conflict, the emblem, as a protective sign shall be used by: ... a) health services of the armed forces; ... b) The National Red Cross Society of Romania, only for its own staff and for the materials through which it gives the contest to the official health service, submitting to the military regulations; ... c) civil hospitals, recognized as such by the state and authorized to use the emblem for protection purposes; ... d) other voluntary aid companies authorized in this regard, only for personnel and materials affected exclusively by health services, subject to military regulations. ... (3) Authorization of the use of the emblem as a protective sign, in case of armed conflict, is made by the Romanian Government. ... + Article 7 The National Red Cross Society of Romania operates in its own spaces and those distributed in this regard so far, as well as in other housing spaces that are provided by the local, county or municipality councils. Bucharest, as the case may be, in order to carry out the activity, and benefits from the same protection measures that the law establishes in favor of public institutions + Article 8 The National Red Cross Society of Romania enjoys the protection and support of the state and has, as a public utility organization, the right to ask for the support of all public authorities, and they have the obligation to grant it. ------------- Article 8 has been amended by section 6.6. 1 1 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. + Article 9 The headquarters of the National Red Cross Society of Romania is in Bucharest, str. Amzei Church no. 29, sector 1, in the building that is part of the private property of the National Red Cross Society in Romania. ------------- Article 9 has been amended by section 6.6. 2 2 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. + Chapter II The purpose and main tasks of the National Red Cross Society of Romania + Article 10 The National Red Cross Society of Romania acts, in any circumstance, in order to prevent and alleviate the suffering of people, without any distinction in terms of nationality, race, religion, age, sex, military membership, social or political. + Article 11 The main tasks of the National Red Cross Society in Romania are: a) to act in case of armed conflict, and in peacetime to prepare and act, as an auxiliary of public authorities, in all areas provided by the Geneva Conventions of 1949 and in favor of all those suffering, both civilian and military persons; ... b) to contribute to the improvement of the state of health, to the prevention of diseases and to the relief of suffering through aid programs for the benefit of the community; ... c) organise, at national and local level, where appropriate, emergency aid services in favour of victims of disasters, irrespective of their causes and nature; ... d) recruit, instruct and make available the necessary personnel to carry out its mission; ... e) promote the participation of children and young people in specific activities; ... f) to authorize the use of the emblem, in peacetime, according to the law; ... g) organize and participate in international actions to help victims, regardless of the causes and nature of disasters; ... h) to make known to public opinion, especially to children and youth, its actions, and those of the International Red Cross and Red Crescent Movement, as well as the Fundamental Principles of the Red Cross, the ideals of peace, respect and understanding among all people and all peoples; ... i) to conclude collaboration conventions and to compile joint action programmes with other companies or associations that carry out humanitarian activities, with companies, with ministries and other specialized institutions of the public administration central and local, in order to carry out its humanitarian mission; ... ------------- Letter i) a art. 11 11 has been amended by section 4.2 3 3 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. j) to participate, on the basis of programs initiated by the Ministry of Health, to recruit blood donors, to combat epidemics and other actions. ... k) to organize courses of voluntary Red Cross sisters and first aid courses, mandatory, for professional categories exposed to injury risks and for schools of amateur and professional drivers. ... -------------- Letter k) a art. 11 11 has been amended by section 4.2 1 1 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. + Article 12 The press, radio and television ensure, free of charge, the popularization of humanitarian actions organized by the National Red Cross Society of Romania. + Chapter III Composition, organization and heritage + Article 13 (1) The National Red Cross Society of Romania is open to all citizens, without distinction of nationality, race, sex, religion, profession, social or political affiliation. ... (2) The membership of the National Red Cross Society of Romania, the corresponding rights and obligations shall be regulated according to the statute and regulation, adopted by the general assembly. ... + Article 14 (1) The National Red Cross Society of Romania is organized on the principle of territoriality, according to its own statute and regulation. ... (2) The county branches and the sectors of the city of Bucharest have legal personality and functional autonomy, within the limits provided by the statute and its own regulations. ... (3) The status of the National Red Cross Society of Romania will be published in the Official Gazette of Romania, Part I. ... ------------- Article 14 has been amended by section 4.2. 5 5 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. + Article 15 (1) The patrimony of the National Red Cross Society of Romania consists of movable and immovable property, coming from: ... a) contributions of natural and legal persons; ... ------------- Letter a) a art. 15 15 has been amended by section 4.2 6 6 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. b) donations and testamentary related; ... c) sponsorships, contributions in cash and goods from any natural or legal person, Romanian or foreign; ... d) incomes from the organization of public events, raffles, balls and other such actions, as well as from economic activities, compatible with its objectives; ... ------------- Point d) art. 15 15 has been amended by section 4.2 6 6 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. e) publishing and selling of its own periodicals, publications and books on its field of activity. ... ((2) Abrogat. ... ---------- Alin. ((2) of art. 15 15 has been repealed by section 6.6. 10 10 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. (3) The National Red Cross Society of Romania is exempt from the payment of value added tax on income from economic activities, if these revenues are used for the organization, development and development of the activity National Red Cross Society of Romania. ... ------------- Alin. ((3) art. 15 15 has been introduced by section 7 7 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. + Article 16 (1) The state budget law will establish, annually, the expenses for the membership fee of the International Federation of Red Cross and Red Crescent Societies and for the contribution to the financing of the International Committee of the Red Cross. ... (2) From the state budget, through the budget of the Ministry of Public Health, the funds necessary to carry out the duties of the National Red Cross Society of Romania, provided in art. 11 lit. a)-e), g) and h), on the basis of programmes drawn up by it. ... -------------- Alin. ((2) art. 16 16 has been amended by section 2 2 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. (3) From the state budget, the payment of the value added tax related to supplies of goods, services and works execution which are financed in whole or in part from sources other than the financial contribution of the Union shall be ensured from the state budget. European. ... -------------- Alin. ((3) of art. 16 16 was introduced by art. I of LAW no. 74 74 of 8 April 2008 , published in MONITORUL OFFICIAL no. 286 286 of 14 April 2008. + Article 17 (1) The movable and immovable property of the patrimony of the National Red Cross Society of Romania, as well as the materials it receives or send, to the country or abroad, in order to carry out its humanitarian mission, are exempt from any kind of taxes or fees. ... (2) The legal proceedings for the exploitation of its rights of any kind shall be exempt from stamp duty. ... + Article 18 In case of disasters, natural disasters, as well as in time of armed conflict, the transport of the staff of the National Red Cross Society of Romania, on mission, based on the service card, is free of charge on any means of transport that belongs to autonomous regions or companies. + Article 19 Annually, during May and September, the "Red Cross Month in Romania" is organized. + Article 20 (1) All cultural institutions, entertainment, federations and sports organizations-associations, sports clubs and foundations that organize sports events are obliged to charge a stamp of the Red Cross for each ticket sold for cultural, entertainment and sports events, concerts, festivals, shows, movies at cinemas, sports competitions at local, national and international level, etc., representing a 1%, which will be added to the sale price. ... ------------- Alin. ((1) art. 20 20 has been amended by section 3 3 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. (2) Annually, during the months of the Red Cross, the National Red Cross Society of Romania will organize fundraising campaigns. ... (3) The natural and legal persons who sell the tickets provided in par. (1) have the obligation to print on each ticket the contribution for the Romanian Red Cross. ... (4) For all events provided in par. (1), the funds will be collected and transferred quarterly to the account of the National Red Cross Society. ... ------------- Alin. ((4) art. 20 20 has been amended by section 3 3 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. (5) Within 60 days from the entry into force of this Law, the National Red Cross Society of Romania will issue methodological norms of application, with the opinion of the Ministry of Public Finance. ... ------------- Alin. ((5) art. 20 20 has been amended by section 3 3 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. (6) The tasks regarding the verification and control of the collection and transfer of the Red Cross stamp shall be assigned to the specialized bodies of the Ministry of Public Finance ... ------------- Alin. ((6) art. 20 20 has been introduced by section 4 4 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. ------------- Article 20 has been amended by point 9 9 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. + Article 21 The date of entry into force of this Law shall be repealed: Decree no. 561/1973 on the organization and functioning of the voluntary sanitary formations of the Red Cross Society of the Socialist Republic of Romania; Decree no. 281/1981 on the organization of the "Red Cross Week" in the Socialist Republic of Romania, as well as other contrary provisions. + Chapter IV Sanctions ------------- Head. IV was introduced by section 4.2. 10 10 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. + Article 22 (1) The non-collection and non-recovery of contributions by natural and legal persons who have such obligations, provided in this law, constitute contravention and are sanctioned with a fine of 2,000 lei to 5,000 lei. ... ------------- Alin. ((1) art. 22 22 has been amended by section 5 5 of the single article of LAW no. 36 36 of 2 March 2007 , published in MONITORUL OFFICIAL no. 165 165 of 8 March 2007. (2) The funds resulting from the collection of contributions provided by this law for the functioning of the National Red Cross Society of Romania are not taxable. ... ------------- Article 22 was introduced by point (a) 10 10 of the single article of LAW no. 524 524 of 24 November 2004 , published in MONITORUL OFFICIAL no. 1.123 1.123 of 29 November 2004. This law was adopted by the Chamber of Deputies at the meeting of December 20, 1995, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at its meeting of 20 December 1995, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN + Annex Emblem of the National Red Cross Society of Romania -------
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