Law No. 16 Of 2 April 1996 Of The National Archives

Original Language Title:  LEGE nr. 16 din 2 aprilie 1996 a Arhivelor Naţionale

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Law No. 16 of 2 April 1996 (republished) concerning the national archives published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 293 April 22, 2014-note *) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments, posing a new texts.

Law No. 16/1996 was published in the Official Gazette of Romania, part I, no. 71 of 9 April 1996 and subsequently amended and supplemented by:-Law No. 358/2002 modification and completion of the law on National Archives nr. 16/1996, published in the Official Gazette of Romania, part I, no. 476 from 3 July 2002;
-Government Emergency Ordinance nr. 39/2006 modifying and completing the law on national archives nr. 16/1996, published in the Official Gazette of Romania, part I, no. 486 of June 5, 2006, as amended by law No. 474/2006, published in the Official Gazette of Romania, part I, no. of 21 December 2006, 1,016;
-Law No. 329/2009 concerning the reorganization of certain public authorities and institutions, streamlining public spending, supporting business environment and compliance with framework agreements with the European Commission and the International Monetary Fund, published in the Official Gazette of Romania, part I, no. 761 of November 9, 2009, as amended and supplemented;
-Law No. 138/2013 for modification and completion of the law on National Archives nr. 16/1996, published in the Official Gazette of Romania, part I, no. 253 of 7 may 2013.


Chapter I General provisions Article 1 constitutes the historical and springs make up the national archival deposit of Romania Fund documents created over time by the State organs, public organizations or private economic, social, cultural, military and religious, by any natural person duly sworn professionals who operate under a special law, and individuals. These documents State ensures special protection under this law.


Article 2 documents which form part of the National archival deposit of Romania, for the purposes of this law, shall mean: official documents and private, diplomatic and consular, memoirs, manuscripts, proclamations, notices, posters, plans, sketches, maps, cinematographic and other such testimonies, sealing, as well as array entries, video, audio and computer with historical value in the country or by Romanian creators abroad.


Article 3 (1) Administration, supervision and protection of the national archival deposit of Romania Fund is carried out by the national archives, which shall be established by decision of the Government * direction), subordinated to the Ministry of internal affairs.
  

(2) the national archives shall exercise their powers through its specialized compartments and County services of the national archives *).
  

— — — —-* Note *) see Judgment No. 1.376/2009 concerning the establishment, organization and functioning of the national archives and published in the Official Gazette of Romania, part I, no. 805 from November 25, 2009, with subsequent amendments.

(3) the Special Protection Fund of the national archival deposit of Romania shall be carried out under conditions of peace, under the provisions of this law, and in case of war or natural disasters, by creators and owners, with the support of designated bodies with special powers in such cases and with the assistance of the specialised national archives.
  


Article 4 legal entities and natural persons, and holding of documents that are part of the National archival deposit of Romania, hereinafter referred to as the creators and keepers, responsible for record keeping, inventories, selection, retention and use of documents under this Act.


Chapter II tasks of national archives in the management and protection of the national archival deposit of Romania Fund Article 5 national archives of specialised assistance and ensure the uniform conduct of operations archives all creators and holders of documents, performing the following tasks: (a)) shall, in accordance with the provisions of this law, standards and methodologies of work for the Organization and conduct of the entire archives activities including classification and inclusion in the national archival deposit of Romania Fund documents. 2, which is published, if applicable;
  

b) monitoring compliance with the provisions of the laws in force in the line of work of archive and determines appropriate measures according to the law;
  

c) takes over from the creators and keepers of archive documents which form part of the National archival deposit of Romania, under the conditions and within the time limits provided for in this law;
  

d) ensure records, inventories, selection, retention and use of the documents it holds;
  

e) ensure basic documents on microfilm and other forms of reproduction;
  

f) constitutes and develops data bank of the national archives and the automated network of archival science and documentary information, establishes measures for linking and for technical and methodological information and collaboration services documentation archive and similar compartments within the national system of information and documentation;
  

g) develops and edits the Magazine Archives "and other specialized publications intended for informing and supporting scientific research, as well as the value of the documents that are part of the National archival deposit of Romania;
  

h) ensure, through the Faculty of archival science and national school improvement-keeping, preparation and specialization of staff required deployment archives activities;
  

I) upon request or ex officio if a document attesting does or does not form part of the National archival deposit of Romania;
  

j) authorizes temporary removal across the border for documents that are part of the National archival deposit of Romania, for the purpose of display or documentation on the occasion of international scientific or cultural events;
  

k) maintains and develops relations with law enforcement agencies and similar institutions from abroad, for the information in the field of mutual exchange of archives and documents and reproductions of them; ensure implementation of conventions and international agreements on the archive and participates in congresses, conferences, meetings and symposia archives;
  

It shall ensure the application of the provisions) the laws in force in achieving the protection of documents that are part of the National archival deposit of Romania, namely in defense of State secrecy, security and preservation of such documents, in both peacetime and mobilization or war.
  


Article 6 within the national archives operates a Scientific Council, made up of specialists of the National Archives, researchers, academics and specialists from the ministries concerned, who shall examine, discuss and make proposals on issues relating to rules and specific work methodologies, specialized publications, and developing the entire archives activities. The mode of organisation and functioning, as well as the composition of the Scientific Council shall establish rules of organization and operation, approved by the Director of the national archives.


Chapter III obligations of creators and holders of documents section I article 7 documents Records Creators and holders of documents are required to record and keep track of all incoming documents, prepared for internal use, as well as those leaving, according to the law.


Article 8 (1) on an annual basis, the documents are grouped in units according to the archives and issues keeping deadlines laid down in the nomenclature of archive documents, drawn up by each creator's own documents.
  

(2) the lists drawn up by the creators at central level is approved by the national archives and those of the other creators, by County of the national archives, according to schedule. 1. Article 9 (1) documents shall be submitted to the archive of documents during the second year of the Constitution, on the basis of the inventory and record of delivery-receipt, prepared according to annexes II nr. 2 and 3.
  

(2) a record of all entries and exits of archives from storage units stand on the basis of a book, according to schedule. 4. (3) the removal of documents from the archive records are made only with the approval of the leadership of the document the creators or holders and with the opinion of the national archives or County services of the national archives, where appropriate, according to the creators at central or local level, as a result of the selection of transfer, archival repository or as a result of the destruction caused by natural disasters or by any external event, unforeseeable and unavoidable misfortune.
  


Section II article 10 the selection of documents (1) the National Archives works within the Central Commission for the selection of documents, which coordinates the activity of selection of documents drawn up and kept by the creators at the central level, and County departments of the national archives operates a Commission for the selection of documents, which coordinates the activity of selection of documents drawn up and kept by other creators.
  


(2) the Organization and powers of the committees referred to in paragraph 1. (1) shall be determined by the rules concerning the work of archival science, approved by the Director of the national archives.
  


Article 11 (1) in each unit holding documents and creative work, a selection Committee, named by decision or order in question, the unit's head being composed of: a President, a Secretary and an odd number of members appointed from among specialists. This Committee shall meet annually or whenever necessary, to analyse the unit keeping in hand, fixing its value or historical practice; decision shall be recorded in the minutes, drawn up according to schedule. 5. (2) the minutes of the selection, accompanied by the documents proposed for elimination inventories as worthless, and inventories of documents must be kept standing, shall be submitted for approval to the Central Commission for the selection, if the creators and holders of documents at the central level, or within the services of the county committees of the national archives, in the case of other creators and owners of the documents.
  

(3) the documents shall be removed from the records and archives can be removed only on the basis of reports of the committees referred to in paragraph 1. (2) and (4) if the administrator only, it shall be responsible for selecting the documents to be archived.
  


Section III-of Keeping documents in article 12 (1) document the creators and holders are required to keep documents created or held under appropriate conditions, assuring them against destruction, degradation, avoiding times marketing under conditions other than those provided for by law.
  

(2) legal persons owning document creative and are obliged to keep in premises specially designed for the archive. The new construction of the creators and owners of the archive will be endorsed by the national archives or County services of the national archives, where necessary, only if they have spaces provided for the retention of documents.
  

(3) the national archives and the National Archives services of the Prefecture may extend the period of storage of documents on the owners of the premises until the necessary assurance takeover.
  

(4) deposits of the archive will be fitted, depending on the format and support documents, with appropriate means of preserving and protecting them, and the means, installations and systems for prevention and firefighting.
  

(5) the authority for the management of State assets can take over all or part of the documents in the archives of the companies covered by the law. 31/1990, republished, with subsequent amendments and additions, which owns at least 50% plus one share of the registered capital.
  


Section IV-of the documentation to the national archives in article 13 (1) creative and legal persons holding permanent keeping documents lodged at the national archives and the National Archives services of the district, as follows: a) documents, as well as photographic films, after 20 years of their creation;
  

b) written documents, with the exception of acts of civil status and technical documents, after 30 years from their creation;
  

(c) technical documents), after 50 years from their creation;
  

d) civil status acts, after 100 years of preparation;
  

e) sealing made of metal arrays, having entered all legal markings and the full name of the unit, after their removal from service.
  

(2) documents created and owned by the authority for the management of State assets may be taken towards permanent preservation at the national archives as soon as, by order of the President of the authority for the management of State assets, it becomes apparent that they are no longer required for the current task.
  


Article 14 (1) the creators and keepers of the archives may hold documents that are part of the National archival deposit of Romania and after expiry of the filing, if necessary in the conduct of their business, based on the approval of the Director of the national archives, if the creators and keepers at the central level, and the heads of the National Archives services of the County, for other creators and owners, under observance of the provisions of this law.
  

(2) the Ministry of national defense, Ministry of Foreign Affairs, the Romanian intelligence service, the foreign intelligence service, the protection and Guard Service, other organs with powers in matters of national security, and the Romanian Academy retains its own documents under this law even after expiry of the time limits provided for in article 10. 13. Article 15 (1) private Organizations and individuals possessing documents of the National Archives of Romania may submit them to the national archives in the form of custody or donation, tax exempt.
  

(2) the owner who wishes to sell documents that are part of the National archival deposit of Romania shall communicate it to the National Archives or, where appropriate, the services of the National Archives, the County which have priority in buying any documents that are part of the National archival deposit of Romania who must rule within a period of 60 days from the date of the communication.
  


Article 16 Documents with practical value, which shall be issued, certified copies and extracts relating to the individual rights of citizens, will be retained by the creators and owners of the documents.


Article 17 the creators and keepers of the documents referred to in article. 14 and 15, are obliged to submit to the national archives or County services of the national archives, where appropriate, a copy of the permanent inventories of documents they hold, at the expiry of the time limits for submitting them.


Article 18 (1) In the event of outbreaks of bankruptcy, according to the law, of a document without creator as his work to be continued by another historical value documents, within the meaning of art. 2, fetching of the national archives or County Services/service/Bucharest national archives of, and documents with practical value, which shall be issued copies, certificates and statements of rights relating to the stages of contribution to social security of citizens, shall be submitted, on a contract basis, authorized economic operators in the provision of services archives.
  

(2) in the case of termination, in accordance with the law, the activity of an individual or a professional activity that operates under a special law, which are the creators of documents, or where they expressly calls, of the archive already created documents that make up the archive can retrieve the associated natural person by an associate Pro or professional organization of which they are part at the specific request of them.
  

(3) documents with practical value, which shall be issued, certified copies and extracts concerning citizens ' rights regarding on-the-job work experience in a unitary system of public pensions, retirement homes, territorial surrender on a priority basis, on a contract basis, authorized economic operators in the service archives, at their request.
  

(4) in the case of legal persons which have declared bankruptcy, financing of the transfer of the archive by an authorized economic operator providing services archives will be made with priority by the liquidator, liquidation fund, pursuant to article. 4 of law No. 85/2006 on insolvency, with subsequent amendments and additions, or, where appropriate, of the debtor.
  

(5) in order to implement the activities specified in paragraph 1. (1) to (4) shall establish the obligation of notification to the national archives or, where appropriate, the services of County/Bucharest of Service/National Archives as follows: a) by liquidators: on the opening of insolvency proceedings of a creator or keeper of documents and, within 15 days of the conclusion of contracts referred to in paragraph 1. (1) with regard to the identification of economic operators authorised in the service archives which have been handed over to the keeping and administration documents show creators moved away;
  

(b)) for the economic operators referred to in. a) deadline of 15 days from the conclusion of contracts referred to in paragraph 1. (1) with regard to the documents contained in the contracts provided for in paragraph 1. (1);
  

c) by natural or legal persons, including territorial, homes they have in storage or custody of archives documents do you want to archive on teaching and, within 15 days of the conclusion of contracts referred to in paragraph 1. (1) with regard to the identification of economic operators authorised in the service archives which have been handed over to the keeping and administration documents show creators moved away.
  

(6) for the purposes of public information shall be oblige to publish relevant information on the situation of documents taken from the creators moved as follows: a) for economic operators referred to in paragraph 1. (1) by any means accessible to the public;
  

b) for the national archives, as a result of the notification under paragraph 1. (5) by its own page.
  


Article 19


(1) operators may provide services of storage, conservation, restoration, bookbinding, processing and utilization of archive documents with practical value that they hold, hereinafter services archives, only after getting authorization for the operation on the part of the national archives or County Services/service of Bucharest National Archives/, as appropriate.
  

(2) the authorization shall be issued for operation, for a fee, in accordance with the legal provisions, for one or more services archives, if the conditions are met cumulatively: a) professional competence-the operator has personnel employed under a contract of employment, given the training required to Archives services;
  

b) material-the operator has sufficient material resources, such as equipment, personnel, facilities for the purpose of commencement and conduct of activities referred to in paragraph 1. (1);
  

c) existence of national rules of practice keeping in accordance with the provisions of the law.
  

(3) the authorization shall be issued for operation for a period of three years and may be renewed for the same period.
  

(4) Authorization of operation is renewing its binding before the fulfillment of the period specified in paragraph 2. (3) in the event of the main headquarters, the merger or the Division authorized economic operator providing services archives.
  

(5) for the renewal of the authorisation, the authorised economic operator providing services shall submit to the National Archives the archives or County Services/service/Bucharest national archives of, where appropriate, updated documentation proving fulfilment of the conditions laid down in paragraph 1. 2. Article 20 (1) the authorization of operation is suspended by the national archives or County Services/service/Bucharest national archives of, as appropriate, for a period which cannot exceed 3 months, in the following situations: a) is found to the authorized economic operator providing services archives no longer meets the conditions which gave rise to its liberation in accordance with article 19 para. (2);
  

b) when the authorized economic operator providing services Archives Archives services carries out other than those for which the authorization was issued;
  

c) when authorized economic operator providing services archives was punished by administrative detention at least 3 times in a year, for acts covered by this law.
  

(2) the suspension of operation authorization takes effect within 5 days from the date of notification by the national archives or County Services/service of Bucharest National Archives/, as appropriate.
  

(3) the suspension of the authorization of operation is to prohibit the right of the economic operator supplying services archives of concluding contracts relating to the provision of services archives. During the period of suspension and by the date fixed in the notice referred to in paragraph 1. (2) the authorised economic operator providing services archives is required to dispose the necessary measures for the elimination or cessation of situations that gave rise to the suspension.
  

(4) contracts referred to in paragraph 1. (3) the period of suspension, concluded, are hit by absolute nullity.
  


Article 21 (1) authorization operation shall be withdrawn by the national archives or by County/Bucharest of Service/National Archives of, as appropriate, in the following situations: (a) at the request of the economic operator) authorized to operate services archives;
  

b) when the authorized economic operator providing services archives has provided documents containing erroneous information in connection with the issuance of the request/renewal of the authorisation;
  

c) when, upon the period of suspension of the licence of operation arranged according to art. 20 paragraph 1. (1) (a). the economic operator), meets the conditions that formed the basis of issue;
  

d) when authorized economic operator providing services archives do not comply with the prohibition laid down in article 21. 20 paragraph 1. (3) or defaulting conferred by the date fixed in the notice sent to the National Archives or County Services/service/Bucharest national archives of where appropriate;
  

e) in the case of suspension of the authorization, twice within a period of one year;
  

f) when the authorized economic operator providing services not hosted Archives Archives services for 2 years from the date of issue of the authorization.
  

(2) the authorization shall be withdrawn from operation: a) on the date requested by the authorized economic operator providing services archives;
  

b) within 30 days after the date of notification by the national archives or by County/Bucharest of Service/National Archives of, as appropriate, in the circumstances referred to in paragraph 1. (1) (a). b)-f).
  


Article 22 (1) contracts having as their object the provision of services archives should contain explicit clauses on transfer of documents taken from the authorized economic operator providing services archives, if the cessation thereof, by another economic operator authorised to provide services archives.
  

(2) contracts with non-compliance with the obligation laid down in paragraph 1. (1) are hit by absolute nullity.
  


Article 23 notification procedure and the content of the notification provided for in article 10. 18 paragraph 1. (5) the data to be entered in the register provided for in article 10. 25 para. (1) and the conditions for its management, as well as the procedures for the issuance, renewal, suspension or revocation of the authorization shall be determined by guidelines, approved by order of the Minister of Internal Affairs), to be published in the Official Gazette of Romania, part i.--Note *) see the order of the Minister of Internal Affairs nr. 137/2013 approving detailed procedures for applying certain provisions of the National Archives Law No. 16/1996, published in the Official Gazette of Romania, part I, no. 619 of 4 October 2013.


Article 24 (1) the creators and/or owners of documents, legal property regime changes or change of activity, as well as new owners acquiring heritage are required to have adequate measures to preserve, conserve and archive records, as provided by law.
  

(2) the creators and/or owners of documents referred to in paragraph 1. (1) as well as economic operators authorised in Archives services are obliged to take action against the destruction, degradation, avoiding times non-commercialization of documents from the archive.
  

(3) storage of the documents listed in paragraph 1. (2) is made in the spaces and under appropriate conditions, approved by the national archives or County Services/service of Bucharest National Archives/, as appropriate.
  

(4) licenses work taught holders as of the time of their successors, as applicable.
  


Article 25 (1) National Archives ensures the overall operators ' records, authorized to provide services through the archives Register economic operators providers of services archives.
  

(2) the register referred to in paragraph 1. (1) the character of the document. Access of persons to such information shall be subject to compliance with the time limits and procedures provided for by the legal rules on free access to information of public interest.
  


Article 26 (1) Notwithstanding the provisions of this law, notary offices, notaries public rooms and the National Union of notaries public from Romania, as appropriate, are the only entities that hold, administer, preserves and protects the notary archives. These entities shall exercise the powers provided for in this paragraph, without carrying out any preconditions for the authorization.
  

(2) notarial Offices, notaries public rooms and the National Union of notaries public, where appropriate, may hold, manage, conserve and protect and other notarial archives than with meeting all the requirements of this law.
  


Article 27 the documents forming part of the National archival deposit of Romania once entered, according to law, in the national archives and/or County services of the national archives, may no longer be withdrawn from their administration, except for those in custody.


Chapter IV use of documents that are part of the National archival deposit of Romania Article 28 (1) documents which are part of the National archival deposit of Romania can be used for: scientific research, administrative work, information, actions, development of educational publications and the issuing of extracts and certified copies.
  

(2) documents forming part of the National archival deposit of Romania can be consulted on request by Romanian and foreign citizens, after 30 years from their creation. For documents that have not been fulfilled this term, the research can be done only with the approval of the leadership of creative or unit holders.
  

(3) documents of great value does not exhibit in the original, but in the form of replicas.
  


Article 29


(1) document the creators times holders or, where appropriate, their successors in title shall be required to issue under the law at the request of individuals and legal persons, certificate, certificates, copies and extracts from documents you create or hold, including those for which could not be accomplished within the period prescribed in article 21. 13, if they relate to rights which relates to the applicant.
  

(2) services rendered by the national archives for chargeback to individuals and legal entities shall be made, for a fee, as provided by law.
  

(3) the services rendered under the terms of paragraph 1 archives. (1) by economic operators authorised in the service archives shall be carried out at an additional cost, on the basis of whose maximum rates are set by the National Union of insolvency practitioners in Romania, with the opinion of the national archives.
  


Article 30 (1) documents of which can affect national interests, rights and freedoms of citizens, through the data and the information they contain, or those whose physical integrity is at risk are not in research.
  

(2) are part of this category of documents relating to safety:), territorial integrity and independence of the Romanian State, according to the constitutional provisions and the legislation in force;
  

b) may infringe on individual rights and freedoms of citizens;
  

c) are in a State of preservation, improper situation established by the Commission and recorded in the minutes;
  

d) are not processed archives.
  

(3) establish documents in question is made by the legal owner thereof, according to the annex. 6. Chapter V, article 31 archives Staff (1) Creators and holders of documents referred to in article. 2 legal persons have the obligation to set up archive bins or appoint persons responsible for archival issues, depending on the value and quantity of such goods.
  

(2) the designation of personnel archive activity, structure and competence of those bins will be set for archive by directing the creative unit and holding of documents, with the opinion of the national archives or, if applicable, of the National Archives services of the district.
  


Article 32 training, certification and improvement of specialised staff from the national archives, as well as other creative units and holder of archive documents is done by Keeping faculty and by Keeping national school improvement.


Article 33 specialized Staff within the national archives will be sized according to the quality and specificity of documentary material located in administration and belongs to the category of public servants.


Chapter VI Liabilities and penalties failure to comply with the provisions of Article 34 of this law shall entail liability, where appropriate, administrative, civil or criminal.


Article 35 (1) the removal across the border without documents that are part of the National archival deposit of Romania, are crime and shall be punished with imprisonment from one year to five years or by a fine.
  

(2) without right, of the documents referred to in paragraph 1. (1) the foreign legal or natural person constitutes infringement and is punishable with imprisonment from 2 to 7 years.
  

(3) the attempt shall be punishable.
  


Article 36 Constitutes the offence provisions of this law the following acts, if they are not committed in such circumstances that, according to the criminal law, be considered offences: a) neinventarierea documents or failure by their creators, corporates, PHARMACUTICALS archives for your own documents, according to art. 8 para. (2);
  

b) non-remission of the creative unit compartments, the archive of documents on his own, with permanent storage, inventory and record of receipt, in accordance with the provisions of art. 9;
  

c) neselecţionarea documents created and owned by legal entities, the time limits laid down in the nomenclature of its own, the Committee responsible for the selection of documents under the conditions laid down in article 21. 11;
  

(d) the failure to provide proper conditions) preserving and protecting documents created and owned by the creators and keepers of archives, legal entities or individuals, according to art. 12;
  

e non-remission, in the archives) of national and, where appropriate, the services of the County of the national archives, documents forming part of the National archival deposit of Romania by the creators and keepers of archive documents, the deadlines referred to in article 1. 13;
  

f) offer for sale or sale of documents that are part of the National archival deposit of Romania by individuals or legal entities, without due regard for the priority of the national archives to buy them under the provisions of art. 15 para. (2);
  

g) failure at the national archives or the National Archives services of the County, as applicable, by the creators and keepers of archive documents, inventories they hold upon expiry of the periods, as stipulated in article 8. 17;
  

failure to fulfil obligations). 18 paragraph 1. (4) and paragraph 1. (5) (a). a), art. 19 para. (1) and (4), art. and article 24. 29 para. (1) as well as the practice of Archives services in excess of the maximum residue limits laid down under art. 29 para. (3);
  

I) failure by all creators and holders of documents the conditions of storage, conservation, release value, advertising, as well as those for access to documents, in accordance with the law.
  


Article 37 (1) the Offences referred to in articles. 36 it is sanctioned with a fine from 1,000 to 25,000 lei lei.
  

(2) the fine shall apply to legal persons.
  

(3) in the case of offences referred to in articles. 36 lit. (f)), the national archives may request the Court for the cancellation of the sale, even after the expiry of the limitation period, in contravention of the law.
  


Article 38 the finding of violations under article 4. 36 and the sanctions are carried out by representatives of the National Archives and, where appropriate, the services of the County's national archives.


Article 39 Against the minute of finding of violation may make the complaint within 15 days of the notification to the District Court in whose territorial RADIUS was committed that offence.


Article 40 Offences provided for in this law shall be applicable the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.


Chapter VII final and Transitional Provisions Article 41 Creators and/or owners of documents are required to communicate in writing, within 30 days, the national archives or, where appropriate, the services of the National Archives, County documents attesting to their establishment, reorganization or abolition of the law, as well as the measures provided for the purposes of filing of documents created or owned by them.


Article 42 names of the Directorate General of State Archives and the State Archives, which are used in the normative acts in force, shall be replaced by the national archives.


The provisions of article 43 of this law regarding County services of the national archives shall be applied accordingly, and the service of Bucharest of the national archives.


Article 44 appendices. 1-6 are an integral part of this law.


Article 45 the Decree nr. 472/1971 on the national archival deposit of Romania Socialist Republic, as amended, and any other provisions contrary to this law are hereby repealed.


Annex 1 Approval. Are hereby confirmed.
             — — — — — — — — — — — — — — — — — — President of the Board of the National Archives Director of Administration (County Head (director) of the national archives) NATIONAL ARCHIVES approved CLASSIFICATION by the order (the decision) No. . since.
 

Name Services Directorate (short content of the issues to which they relate) to preserve the Administrative Direction and secretariat Observations a. secretarial Service 1.
2.3.

Standing 10 years 5 years b. administrative service 1.
2.3.

Standing 10 years 5 years 2 t. .. INVENTORY YEAR (the creator) for documents that are to be retained. .. permanently or temporarily (the Division) No.
CRT.


The call sign of the dossier after brief Contents nomenclature of the dossier, the registry etc.

Dates tab Number Remarks This inventory consisting of a. .. file contains folders, workbooks, condici, travel etc.
    The numbers were left at not being completed.
    To retrieve the files lacked No. .
    Today, were picked up. .. folders.
    I have taught, I have received.
                                                                  Format A4 Annex 3 the institution

               (direction, society governed by law No. 31/1990, republished, with subsequent amendments and additions)

                                 Report of delivery-receipt of documents Today, the undersigned, delegates, and compartment, the Archivist of the institution, we proceeded to the teaching of second and fetching documents created during the period.. service, in an amount of folders.
    Handing the receipt has been made on the basis of the attached inventories, including typed pages, according to legal provisions.

    I have taught, I have received.


Annex 4 REGISTRY entries RECORD-released archival units no. outputs
Downloads Name dates number of cases crt Outputs.
Date document compartment from the actual inventory archive After Received 1 2 3 4 5 6 7 of annex 5 (creator) (main office) report No.

    The selection Committee, called by the order No. . from, display in meetings. documents from the years *), advises that the dossiers from the attached inventories to be discarded as useless, expirându-le storage stability laid down in the nomenclature of the unit.

         President, signature (name and surname) (name and surname) (name and surname) Signature Signature Signature members-extreme Years-*).
                                                                   Annex 6 format A5 deadlines after which can be given in the documents relating to research national interests, rights and freedoms of citizens-medical papers, after 100 years of their creation;
-civil status registers, after 100 years of their creation;
-personal folders, after 75 years since their creation;
-documents relating to a person's private life, after 40 years after her death;
-documents relating to national security and integrity, after 100 years of their creation;
-documents relating to criminal business, after 90 years since their creation;
-documents relating to American foreign policy, after 50 years from their creation;
-documents of private equity firms regulated by law No. 31/1990, republished, with subsequent amendments and additions, after 50 years from their creation;
-fiscal documents, after 50 years from creation;
-notary and judicial documents, after 90 years since their creation.
Note: the article below is below. II-IV of law No. 138/2013, that were not incorporated in the form of law No. republished 16/1996 and which still apply as provisions of law No. 138/2013: "Art. I.-(1) the economic operators which, at the date of entry into force of this law, providing services the archives within one year from the date of entry into force of the present law *) require an authorization, in accordance with the law No. 16/1996, as amended and supplemented, as well as those made by this law.

(2) economic operators providers of services which, when released archival fulfilment time limit laid down in paragraph 1. (1) do not satisfy the conditions laid down by law No. 16/1996, as amended and supplemented, as well as those made by this law, outgoing archives services.
  

(3) the penalty provided for in art. 184 para. (2) *) of law No. 16/1996, as amended and supplemented, as well as those made by this law operates in the case of contracts concluded before the entry into force of the present law *), if on the date of the period specified in paragraph 1, his 90th birthday. (1) fails to comply with the provisions of law No. 16/1996, as amended and supplemented, as well as those made by this law.
  

Art. III.-the archives created by the persons referred to in art. 1 of law No. 16/1996, as amended and supplemented, as well as those made by this law, and taken into custody by the legal person, based on the agreement of the National Archives, until the date of entry into force of this law shall remain in the custody of those legal persons.
Art. IV. — (1) in the case of documents do you want to date of entry into force of this Act) and whose archive there are documents of historical value within the meaning of art. 2 of law No. 16/1996, as amended and supplemented, as well as those made by this law, shall be taken by the national archives or by County/Bucharest of Service/National Archives of, as appropriate, and the documents with practical value, which shall be issued copies, certificates and statements of rights relating to the stages of contribution to social security for citizens , shall be submitted, on a contract basis, authorized economic operators in the provision of services archives.

(2) in the case of documents do you want to date of entry into force of this law), whose papers are located in storage or in custody from natural or legal persons, including homes, retirement financing territorial transfer the archive to an authorized economic operator providing services archives will be made in the budget approved operator services archives.
  

(3) for the situation mentioned in paragraph 1. (1) article. 18 paragraph 1. (5) and (6) of law No. 16/1996, as amended and supplemented, as well as those made by this law, shall apply accordingly. "
  

— — — — — * Note) Law No. 138/2013 entered into force on May 10, 2013.

Note *) Become art. 22 paragraph 1. (2) the republished law form No. 16/1996, by renumbering.

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