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Law No. 51 Of 21 June 1996 Approving Ordinance No. 25/1995 On The Regulation Of The Organisation And Funding Of Research And Development Activity

Original Language Title:  LEGE Nr. 51 din 21 iunie 1996 pentru aprobarea Ordonanţei Guvernului nr. 25/1995 privind reglementarea organizării şi finanţării activităţii de cercetare-dezvoltare

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LEGE No. 51 of 21 June 1996 for approval Government Ordinance no. 25/1995 on the regulation of the organization and financing of research and development
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 134 of June 27, 1996



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 25 25 of 11 August 1995 on the regulation of the organization and financing of research and development activity, issued pursuant to art. 1 lit. g) of Law no. 81/1995 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 194 of 25 August 1995, with the following amendments and additions: 1. Article 2 (b) and (c) shall be amended and supplemented, with the following contents: "b) applied research, mainly intended for the use of scientific knowledge, in the economy and society, for the realization of new systems, products, technologies and services;" " c) technological development, consisting of systems engineering, engineering and technological design, technological transfer and invention valorisation activities, through which the development, application and transfer of results are achieved research to economic agents, as well as socially, and aimed at the introduction and materialization of new technologies, products, systems and services, as well as the improvement of existing ones. " 2. Article 3 (1), as well as letters e), f) and g) shall be amended and supplemented, with the following contents: "" ART. 3-(1) The research and development activity may be carried out, under the law, within the categories of units presented below, regardless of the type of property and the form of their organization: " "e) research and development units of branch academies, organized as national research and development institutes or as public institutions;" "f) commercial research and development companies, units or research and development compartments within companies or autonomous regions, as well as research and development units under autonomous regions;" "" g) museums and other establishments with legal personality. " 3. Article 7 (3) shall be amended and supplemented, with the following contents: "(3) For the work carried out, the members of the Advisory College, those of the commissions of the Advisory College and of the evaluation and endorsement commissions organized by them are remunerated under the law." 4. Article 8 (2) shall be amended and shall read as follows: " (2) The coordination of the execution of programs, sub-programs or other actions included in the National Program for Scientific Research and Technological Development, for the purpose of their correlation, lies with the categories of units provided in art. 3 3 para. ((1). ' 5. Article 9 shall be amended and supplemented, with the following contents: "" ART. 9-The attribution for execution of programs, sub-programs and themes components of the National Program for scientific research and technological development, as well as of the actions contained therein shall be made by the Ministry of Research and Technology, based on the criteria developed by the Advisory College. " 6. After Article 9, a new article is inserted, which becomes Article 10, with the following contents: "" ART. 10-Research and development units in the fields of agriculture and food industry are subordinated to the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu Sisesti" and operate as its structures, according to this ordinance. " 7. Article 10 shall become by renumbering Article 11. 8. Article 11 shall become by renumbering Article 12. Points a), b), c) and d) of Article 12 shall be amended and supplemented, with the following contents: "" a) for the financing of programmes, sub-programmes, themes and new actions in the National Scientific Research and Technological Development Programme, awarded in a competitive system, as well as other research topics of national interest in the form of of grants; ' " b) for the financing, based on the criteria laid down in art 9, programs, sub-programs, research and development themes and actions that continue for several years after the realization in the first year of phases of these themes, as well as the themes and new objectives directly attributed to the execution, which cannot be achieved in a competitive system, called the national funding of the National Programme for Scientific Research and Technological Development; " "c) for the financing in institutional system of research and development units organized as budgetary public institutions, on the basis of research and development program, in order to cover operating expenses and investments;" " d) for co-financing, which consists in the allocation of amounts from the state budget, in addition to the resources of the beneficiary economic agents, in order to carry out research and development topics and actions to transfer technologically the results. The fund for the co-financing of the research and development activity is established by the annual budgetary The allocation of this fund for co-financing is approved by Government decision on the proposal of the Ministry of Research and Technology, within the limit of up to 50% of the total value of each project. Selection and contracting of co-financing projects shall be carried out on the basis of specific criteria and conditions, approved by the Government at the proposal of the Ministry of Research and Technology. 9. Article 12 shall become by renumbering Article 13, shall be amended and supplemented, with the following contents: "" ART. 13-(1) The categories of expenses necessary for the implementation of programs, sub-programs, research and development themes and actions contained in the research and development programs shall be established by the principal authorising officers. (2) Of the budgetary funds allocated to the Ministry of Research and Technology for the research and development activity, the following expenses are also financed: a) expenses for research grants; b) expenses for awarding outstanding achievements in the field of science and technology, in accordance with the methodology approved by Government decision; c) expenses for information and documentation; d) expenses for subsidizing technical-scientific literature; e) expenses for contributions and participation as a member in international organizations, organizations and institutions; f) expenses for financing the maintenance, operation and operation of special installations of national interest; g) expenses for the organization of technical-scientific manifestations; h) expenses for the organization of domestic and international technical-scientific fairs and exhibitions; i) expenses for the functioning of the bodies and institutions of the research and development system, including the Advisory College and the commissions organized by it; j) expenses for the mobility of specialists from the research and development system provided in art. 3 3. " 10. Article 13 shall become by renumbering Article 14, shall be completed and shall read as follows: "" ART. 14-Programs, sub-programs, research and development topics and actions contained in the National Program for scientific research and technological development are carried out on the basis of financing contracts concluded between the units to which they were assigned the execution, on the one hand, and the principal authorising officer, on the other. The methodology for contracting programs, sub-programs, research and development topics and actions in the National Program for scientific research and technological development, as well as the endorsement of their results are approved by order of the Minister of Research and Technology. 11. Article 14 shall become by renumbering Article 15, shall be amended and shall read as follows: "" ART. 15-Government Decision establishes the National Agency for Technological Transfer, as a specialized body subordinated to the Ministry of Research and Technology, with powers in the field of stimulation and financing of transfer actions technological, in order to capitalize on the results of research and patents. " 12. After Article 14 (15 renumbered) a new article is inserted, which becomes Article 16 and shall read as follows: "" ART. 16-In order to ensure the continuity of the financing of research and development activities during the period until the entry into force of the annual budgetary law, up to 30% of the quarterly value of the contracts of Research and development. " 13. Article 15 shall become by renumbering Article 17. Paragraph 2 of Article 17 is amended and shall read as follows: " (2) The national research and development institutes participate in the elaboration of the development strategy in their own field of activity and carry out research and development activities for the implementation of the National Scientific Research Program and technological development. " 14. Article 16 shall become by renumbering Article 18. Paragraphs 2 and 3 of Article 18 shall be amended and supplemented with the following contents: " (2) Reorganization of the units provided in par. (1) in national research and development institutes shall be based on the methodology provided in art. 19 following the evaluation carried out by the Ministry of Research and Technology together with the central or local public administration body, the coordinator in the field of activity of the unit. " " (3) The State Property Fund shall ensure, within 30 days from the date of organization of the units provided in par. ((2), the compensation of the shares-parts of 30% of the share capital of the companies that are reorganized, due to the Private Property Funds. " 15. Article 17 shall become by renumbering Article 19 (1) and shall be supplemented by two new paragraphs (2) and (3) by taking over the amended and completed content of Articles 18 and 19, with the following contents: "" ART. 19-(1) The establishment of new national research and development institutes is made by Government decisions, at the proposal of the Ministry of Research and Technology, together with the national coordinating body in the field of activity. (2) The reorganization or establishment is made in accordance with the methodology of evaluation and accreditation of the national research and development institutes, approved by the Government at the proposal of the Ministry of Research and Technology. (3) The act of reorganization or establishment of the research and development units shall be established: the name, the object of activity, the organizational structure, the coordinating body, the seat and the patrimony. The same act shall approve the rules governing the organization and functioning of that establishment. " 16. Article 20 shall be amended and supplemented, with the following contents: "" ART. 20-(1) The national research and development institutes have in administration property of the state, calculate the amortisses, lead the accounting records in economic regime and apply those specific regulations to the units organized as kings autonomous, provided in the organization and functioning regulation referred to in art. 19 19 para. ((3). (2) The concession of subunits, services or activities can be done only in order to stimulate the transfer of the results of the research and development activity, according to its own statutes and the corresponding legal provisions, with the approval of the Coordinator and Ministry of Research and Technology. " 17. Article 21 is amended and shall read as follows: "" ART. 21-(1) The national research and development institutes are financially supported from the state budget for the realization of investments, facilities, equipment, equipment and installations, in compliance with the legal provisions in force. (2) The national research and development institutes decide on investments to be made from own funds, from bank loans, as well as from other sources established according to the law. " 18. Article 22 shall be amended and supplemented, with the following contents: "" ART. 22-(1) Scientific results of research, as well as technologies, new technological processes, Know-how, patent rights of inventions, physical objects acquired or realized during the course of contracts financed by funds public belong to the research and development units executed, in compliance with the provisions of 5 5 and 48 of Law no. 64/1991, if by contract it was not provided otherwise. The transmission with any title, to third persons, of the results obtained under the contract shall be made only under the conditions established by contract or, in the absence thereof, with the prior consent of the contracting parties. (2) The results of the research materialized in tangible and intangible assets, carried out and completed from public funds until the publication in the Official Gazette of Romania of the present ordinance, whose beneficiary is the Ministry of Research and Technology, shall be transferred by decision of the Government of the executors and shall be recorded in their accounts. " 19. Article 23 (2) shall be amended and shall read as follows: " (2) The privatized research and development units cannot maintain in the patrimony of the information or documentation of national interest accumulated until the date of privatization. This information and documentation; determined in accordance with the provisions of the rules referred to in par. (1), shall be submitted to the national research and development institutes designated for this purpose by the Ministry of Research and Technology and the coordinating body or shall be kept in the custody of the privatized unit, pursuant to special clauses provided for in contract. " 20. After Article 23, a new article shall be inserted, which shall become Article 24, with the following contents: "" ART. 24-The rights and duties of persons carrying out research and development activities shall be provided in the Staff Regulations of Research and Development approved by law. " 21. Article 24 shall become by renumbering Article 25. Paragraph 1 of Article 25 shall be amended and supplemented, as follows: "" ART. 25-(1) Within 180 days from the date of entry into force of the law approving the present ordinance, the research and development units, which currently operate according to the Government Decision no. 100/1991 for amending the Government Decision no. 1.284/1990 regarding some measures of organization and financing of research and development units, will be reorganized as national research and development institutes, as commercial companies or as public institutions. " 22. Article 25 shall become by renumbering Article 26, shall be amended and supplemented, with the following contents: "" ART. 26-Within 90 days from the date of entry into force of the law approving this ordinance: a) The Ministry of Research and Technology will submit to the Government's approval the National Program of Scientific Research and Technological Development provided in 6 6; b) The Ministry of Research and Technology together with the Romanian Academy, the Ministry of Education and the Ministry of Finance will develop the regulation for grants provided in art. 12 lit. a), which is approved by Government decision; c) The Ministry of Research and Technology will develop the specific criteria and conditions regarding the selection and contracting of technological transfer projects, provided in art. 12 lit. d), which is approved by Government decision; d) The Ministry of Research and Technology will draft a draft decision of the Government for the establishment of the National Agency for Technological Transfer provided for in art. 15 15; e) The Ministry of Research and Technology will develop the methodology for the evaluation and accreditation of the national research and development institutes, provided in art. 19 19 para. (2), which is approved by Government decision; f) The Ministry of Research and Technology will draft a draft decision of the Government on the transfer of results embodied in tangible and intangible assets, carried out and completed until the publication in the Official Gazette of Romania of the present ordinances, according to art. 22 22 para. ((2). ' 23. After Article 25 (26 renumbered), a new article shall be inserted, which shall become Article 27, with the following contents: "" ART. 27-Within 180 days from the date of entry into force of the law approving this ordinance, the Ministry of Research and Technology in collaboration with the Ministry of Education and the Romanian Academy, will develop the draft staff status of research and development, provided in art. 24 24. " 24. Article 26 shall become by renumbering Article 28. 25. The Annex to the Ordinance shall be supplemented by paragraph 11, which shall read as follows: "" 11. Government Decision no. 57/1992 on certain measures for the conduct of scientific research, design, expertise and consulting activities in higher education institutions. " This law was adopted at the joint sitting of the Chamber of Deputies and the Senate of March 19, 1996, in compliance with the provisions of 74. para. ((2) and art. 76 76 para. (2) of the Romanian Constitution, and was re-examined by the Chamber of Deputies at the meeting of 18 June 1996 and by the Senate at the meeting of 17 June 1996 according to art. 145 145 para. (1) of the Constitution, following the Constitutional Court Decision no. 36 36 of 2 April 1996 *). Note *) Constitutional Court Decision no. 36 of 2 April 1996 was published in the Official Gazette of Romania, Part I, no. 75 75 of 11 April 1996. p. PRESIDENT CHAMBER OF DEPUTIES RADU BERCEANU p. SENATE PRESIDENT ION SOLCANU -----------------------