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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070787/-lege-nr.-51-din-21-iunie-1996-pentru-aprobarea-ordonanei-guvernului-nr.-25-1995-privind-reglementarea-organizrii-i-finanrii-activitii-de-cercetare-de.html

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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 ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 134 of 27 June 1996 the Parliament of Romania adopts this law.


The sole article approving Ordinance No. 25 of august 11, 1995 on the regulation of the organisation and funding of research and development activity, issued pursuant to art. and (b). g) of law No. 81/1995 on empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 194 of 25 august 1995, with the following amendments and supplements: 1. Article 2 (b)), and (c)) and change the following: "(b) applied research, intended) mainly the use of scientific knowledge in the economy and society, for the development of new systems, products, technologies and services;"
"c) technological development, composed of engineering activities, systems engineering and technological design, technology transfer and use of inventions, which is achieved through the development, application and transfer of research results to the operators, as well as socially, and aimed at the introduction of new technologies and the materialization, products, systems and services, and improving the existing ones."
2. In article 3 (1), and the letters e, f)) and g) and change the following contents: "ART. 3-(1) research and development Activity can take place, in accordance with the law, within categories of units listed below, regardless of the type of ownership and form of their organization: "" e) research and development units of the branch academies, organized as national institutes of research and development, or as public institutions; "
' f) companies for research and development, drives or r and d compartments within companies or public corporations, as well as research and development establishments under the control of autonomous public corporations; "
"g) museums and other units with legal personality."
3. Article 7 (3) modify and complement the following contents: "(3) For the work done, the members of the Forum, the Advisory Committees advisory committees of the College and of the evaluation and an opinion held by these are remunerated in accordance with the law."
4. Article 8 (2) amend and shall read as follows: "(2) the coordination of the implementation of the programmes, subprograms or other actions contained in the national programme of scientific research and technological development, in order to adjust them, is the responsibility of the categories of establishments referred to in article 1. 3 paragraphs 1 and 2. (1)."
5. Article 9 shall modify and complement the following contents: "ART. 9-the award programmes, towards the execution of subprograms and Program components of the themes of the national scientific research and technological development, as well as of the actions contained therein shall be made by the Ministry of research and technology, on the basis of the criteria developed by the College Advisory. "
6. After article 9 is inserted a new article, which becomes article 10, with the following content: "ART. 10-the research and development unit in the areas of agriculture and food industry are subordinated to the Academy of agricultural and forestry Sciences "Gheorghe Ionescu Sisesti" and functions as its structures, in accordance with this Ordinance. "
7. Article 10 becomes article 11 renumbering.
8. Article 11 becomes article 12 by renumbering. (A)), b), c) and (d)) of article 12 shall modify and complement the following contents: ' a) to fund programs, subprograms, to the themes and actions from the national program for scientific research and technological development, awarded in a competitive system, as well as other research topics of national interest in the form of grants; "
"b) for financing, on the basis of the criteria laid down in article 21. 9, programs, subprograms, to the research and development themes and actions that continue over several years after the first year of some phases of these themes as well as themes and objectives assigned to us, which cannot be achieved in a competitive system, called the core funding of the national programme of scientific research and technological development activities; "
' (c)) to finance the institutional system of some research and development units organised as public institutions, on the basis of the research and development program, in order to cover operating expenses and investment; "
"d) for co-financing, which consists in the allocation of funds from the State budget, in addition to the resources of economic agents, beneficiaries in order to carry out the research and development themes and actions of technological transfer of the results. Fund co-financing research activity intended for development is determined by annual budgetary laws. The allocation of this Fund for co-financing is approved by decision of the Government on the proposal of the Ministry of research and technology, subject to a maximum of up to 50% of the total value of each project. The selection and contracting of projects for co-financing shall be made on the basis of specific criteria and conditions approved by the Government on the proposal of the Ministry of research and technology. "
9. Article 12 becomes article 13, by renumbering changed and completed the following contents: "ART. 13-(1) the categories of expenses necessary for carrying out the programs, subprograms, the research and development themes and actions covered by the research and development programmes shall be determined by the principal authorising officers.

(2) budgetary funds allocated From the Ministry of research and technology for research and development activity is financed and the following expenditure: (a) expenditure on scholarships);
  

b awarding costs) of some outstanding achievements in science and technology, in accordance with the methodology approved by the Government;
  

c information and expenses);
  

(d) expenditure for subsidizing) technical and scientific literature;
  

e) for dues and participation as a member in bodies, international organizations and institutions;
  

(f) expenses for financing maintenance), exploitation and special installations, officials of national interest;
  

g) expenses for the Organization of technical-scientific events;
  

h) expenditure on the organisation of trade fairs and exhibitions of scientific and technical domestic and international;
  

(I) expenses for the operation of bodies) and the research and development system, including advisory committees and College organized by it;
  

j) expenses for mobility specialists in research and development system; 3. "10. Article 13 shall become article 14, by renumbering shall be completed and shall read as follows: ART. 14-subprogramele, Programs, research and development themes and actions included in the national programme of scientific research and technological development shall be carried out on the basis of contracts concluded between funding drives which have been assigned to the execution, on the one hand, and the Chief authorising officer, on the other hand. Methodology of contracting programs, subprograms, the themes of research and development and the actions of the national programme of scientific research and technological development, as well as notification of their results is approved by order of the Minister of research and technology. "
11. Article 14 becomes article 15, by renumbering changes and shall read as follows: ART. 15-decision of the Government is to establish National Agency for Technology Transfer, as a specialized body under the Ministry of research and technology, in the field of enhancing and financing of technology transfer actions, in order to exploit research results and patents for inventions. "
12. After article 14 (renumerotat 15) insert a new item, which becomes article 16 and shall read as follows: ART. 16-in order to ensure continuity of funding research and development activities in the period until the entry into force of the annual budget law, amounts may be granted in advance of up to 30% of the quarterly contract research and development. "
13. Article 15 through article 17 becomes renumbering. Paragraph 2 of article 17 shall modify and shall read as follows: "(2) national institutes of research, development and participate in the elaboration of the development strategy in the field of activity and activity of research and development for achieving the national programme of scientific research and technological development."
14. Article 16 article 18 renumber gets through. Paragraphs (2) and (3) of article 18 shall modify and complement the following contents: "(2) the reorganization of the units referred to in paragraph 1. (1) the national institute for research and development is based on the methodology referred to in art. 19 the assessment carried out by the Ministry of research and technology together with the central or local public administration, the Coordinator in the field of activity of the establishment. "
"3. the State property Fund will provide, within 30 days of the date referred to in paragraph organization units. (2) compensation on share of 30% of the share capital of commercial companies are reorganized, due to the funds of Private property. "
15. Article 17 article 19 renumber gets through (1) and is completed with two new paragraphs (2) and (3) by retrieving content modified and completed articles 18 and 19 the following contents:

"ART. 19-(1) the establishment of new national institutes of research and development is done by decisions of the Government on the proposal of the Ministry of research and technology, together with the national coordinating body in the field of activity concerned.

(2) the establishment or Reorganization is carried out in accordance with the methodology for the evaluation and accreditation of national institutes of research and development, approved by the Cabinet on a proposal by the Ministry of research and technology.
  

(3) the reorganisation Act or establishing research and development units are as follows: name, activity, organizational structure, the Coordinator, and heritage headquarters. By the same act shall approve the rules of organization and functioning of the unit in question. "
  

16. Article 20 shall modify and complement the following contents: "ART. 20-(1) national institutes of research and development have in administering State-owned goods, calculate the amortismentele accounting under the specific rules apply those organised 1900 units, as provided for in the rules of organization and operation referred to in art. 19 para. (3) (2) the right of certain subunits, services or activities may be carried out solely for the purpose of enhancing the transfer of the results of research and development activity, according to their own statutes and the appropriate legal provisions, with the approval of the coordination bodies and the Ministry of research and technology. "
  

17. Article 21 shall modify and shall read as follows: ART. 21-(1) national institutes of research and development are supported financially by the State budget for implementation of the investment, facilities, equipment, equipment and facilities, with due regard for the legal provisions in force.

(2) national institutes of research and development, decide what investments to be made from the own funds from bank loans, as well as from other sources constituted according to the law. "
  

18. Article 22 shall be completed, and change the following contents: "ART. 22-(1) the results of scientific research, and technological processes, new technologies, know-how, rights in inventions, patents acquired or performed for physical objects of any contracts financed from public funds belong to the research and development units, in compliance with the provisions of art. 5 and 48 of the law nr. 64/1991, if the contract was not provided for otherwise. Transmission of any basis to third persons, on the results obtained under the contract shall only be made under the conditions laid down in the agreement or, failing that, with the prior consent of the Contracting Parties.

(2) research results materialized in tangible and intangible assets, performed and completed out of public funds until its publication in the Official Gazette of Romania to this Ordinance, of which the beneficiary is the Ministry of research and technology transfer through the Government executanţilor and recorded in the accounts. "
  

19. Article 23 (2) amend and shall read as follows: "(2) research and Development Units privatized cannot maintain the heritage information or documentation of national interest accrued up to the date of privatisation. This information and documentation; determined in accordance with the rules referred to in paragraph 1. (1), shall be submitted to the national institutes for research and development designated for that purpose by the Ministry of research and technology and co-ordinating body or kept in the custody of the privatised under unit clauses laid down in the contract. "
20. After article 23 shall enter a new item, which becomes article 24, given the following table of contents: "ART. 24-the rights and duties of persons engaged in research and development will be provided for in the staff regulations of the research and development endorsed by law. "
21. Article 24 Article 25 renumber gets through. Paragraph 1 of article 25 shall modify and complement the following contents: "ART. 25-(1) not later than 180 days after the date of entry into force of the law approving this Ordinance, research and development units, which currently operates according to the governmental decision nr. 100/1991 on the modification of the governmental decision nr. 1.284/1990 measures of organization and funding of research and development, will reorganize as national institutes of research and development, as a company or as a public institution. "
22. Article 25 article 26 renumber gets through, and change the following shall be added: ' article. 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 be subject to the approval of the Government's national program for scientific research and technological development referred to in art. 6;
  

b) Ministry of research and technology together with the Romanian Academy, the Ministry of education and the Ministry of finance will develop rules for grants provided for in art. 12 lit. a), which shall be approved by the Government;
  

c) Ministry of research and technology will develop specific criteria and conditions relating to the selection and contracting of projects of technology transfer, as referred to in art. 12 lit. d), which shall be approved by the Government;
  

d) Ministry of research and technology will draw up a draft decree of the Government for the establishment of the National Agency for Technology Transfer under article 4. 15;
  

e) Ministry of research and technology will develop the methodology for the evaluation and accreditation of national institutes of research and development, as referred to in art. 19 para. (2) which shall be approved by the Government;
  

f) Ministry of research and technology will draw up a draft decision of the Government on the transfer of results resulting in tangible and intangible assets, carried out and completed until its publication in the Official Gazette of this Ordinance in accordance with art. 22 paragraph 1. (2)."
  

23. According to article 25 (26 renumerotat) insert a new item, which becomes article 27 the following contents: "ART. 27-within 180 days from the date of entry into force of the law of this Ordinance, the Ministry of research and technology in collaboration with the Ministry of Education and the Romanian Academy, will elaborate a draft statute for the staff of the research and development, as referred to in art. 24.24. Article 26 renumber article gets through.
25. The annex to the Ordinance is completed with paragraph 11, which shall read as follows: ' 11. Government decision No. 57/1992 on some measures for conducting scientific research, design, and consulting expertise in institutions of higher education. "
This law was passed in the Chamber of Deputies sitting on the commune and Senate of 19 March 1996, in compliance with the provisions of art. 74. paragraph 1. (2) and of article 23. 76 para. (2) of the Constitution of Romania, and it was reexaminata by the Chamber of deputies at its meeting of 18 June 1996 and Senate at its meeting on 17 June 1996 under art. 145 Abdel. (1) of the Constitution, following the decision of the Constitutional Court No. 36 of 2 April 1996).

Note *) decision of the Constitutional Court No. 36 of 2 April 1996 was published in the Official Gazette of Romania, part I, no. 75 of 11 April 1996.

p. CHAMBER of DEPUTIES PRESIDENT GILBERT p. R SENATE CHAIRMAN ION SACKEY-— — — — — — — — — — — — — — — — — — — — — —