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Law No. 95 Of 13 May 1998 On Approval Of The Government Ordinance. 8/1997 On The Stimulation Of Research-Development And Innovation

Original Language Title:  LEGE nr. 95 din 13 mai 1998 pentru aprobarea Ordonanţei Guvernului nr. 8/1997 privind stimularea cercetării-dezvoltării şi inovării

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LEGE no. 95 95 of 13 May 1998 for approval Government Ordinance no. 8/1997 on stimulating R & D and innovation
ISSUER Parliament
Published in OFFICIAL MONITOR no. 179 179 of 14 May 1998



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 8 8 of 31 January 1997 on stimulating R &amp; D and innovation, issued under art. 1 lit. d) of Law no. 142/1996 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 14 of 31 January 1997, with the following amendments: 1. The title of the ordinance shall read as follows: "" Ordinance on stimulating scientific research, technological development and innovation " 2. Article 1 shall read as follows: "" Art. 1. -Scientific research, technological development and innovation, hereinafter referred to as R &amp; D and innovation, are national priorities. " 3. Article 2 shall read as follows: "" Art. 2. -The state stimulates, through direct and indirect measures, research-development and innovation, as well as the creation in the economy of an environment conducive to diffusion, absorption and valorization of research-development and innovation results, to ensure sustainable economic development, increasing the well-being and quality of life and enriching the knowledge heritage. " 4. After Article 2, Article 2 ^ 1 is inserted as follows: "" Art. 2 2 ^ 1. -According to the principles of the democratic state, there are no limitations or constraints on R &amp; D and innovation activity. Mainly, it can be carried out within the categories of units presented below, regardless of the type of ownership and the form of their organization: a) national research and development institutes; b) R &amp; D units, organized as public institutions subordinated to central public administration authorities; c) R &amp; D units or structures within higher education; d) scientific research units of the Romanian Academy, organized as public institutions; 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 compartments within companies or autonomous regions, as well as research and development units subordinated to autonomous regions; g) museums and other units with legal personality. " 5. Article 3 shall read as follows: "" Art. 3. -(1) The allocation by the state of financial resources for this purpose shall be the priority of budgetary expenditure. ((2) Budget resources allocated by the state budget to the head. < > > must take into account world trends in the field and not be less than one-fifth of the budgetary resources allocated to the head. < <învăţământ> > >. " 6. Article 4 shall read as follows: "" Art. 4. -(1) The Ministry of Research and Technology is the body of the central specialized public administration in the field of research and development and innovation, which has the role and responsibility to define, develop, coordinate and ensure, mainly: a) strategic planning and its objectives; b) policies to achieve strategic planning objectives; c) the methodological, functional, operational and financial normative framework in which the policies are carried out; d) award of policy e) monitoring, evaluation and control of policy making. (2) The Romanian Academy, the Ministry of National Education and the other principal authorising officers, who have, through the state budget, funds allocated for scientific research, finance from them their own programs, including research grants. " 7. Article 5 shall read as follows: "" Art. 5. -The Ministry of Research and Technology stimulates dialogue with the structures of scientific communities and other civil society structures. To this end, consult and stimulate the involvement of these structures in the definition and implementation of policies in the field of research and development and innovation, including through financial support. " 8. Article 6 shall read as follows: "" Art. 6. --The terminology specific to the field of research and development and innovation is contained in the Annex which forms an integral part of this Ordinance. ' 9. Article 7 shall read as follows: "" Art. 7. -(1) The National Plan for Research and Development and Innovation, hereinafter referred to as the national plan, is the instrument by which the State carries out the general policy in the field of research and development, innovation and ensures their correlation. (2) The national plan, including the evaluation of the necessary sources, is elaborated by the Ministry of Research and Technology, for multiannual periods, and is approved, after analyzing and endorsing the Interministerial Council for Science, Technology and Innovation, by Government decision. " 10. Article 8 shall read as follows: "" Art. 8. -(1) The national plan contains R &amp; D programmes and programmes to stimulate innovation. (2) The programs included in the national plan shall be evaluated annually, and the annual provisions shall be approved by the Ministry of Research and Technology, which shall inform the Government of its implementation. (3) In the elaboration, evaluation and detailing of the national plan, the Ministry of Research and Technology shall consult with the Consultative College for Research and Development and Innovation, hereinafter referred to as the Advisory College. (4) The advisory college has representatives proposed by the scientific communities, including the university, and works in the presence of representatives of civil society. The structure of the Advisory College reflects scientific competence as well as supply and demand in the field of research and development and innovation. (5) The framework regulation and the composition of the Advisory College, as well as of its working bodies, are approved by order of the Minister of Research and Technology. (6) For the work carried out, the members of the Advisory College and its working bodies shall be remunerated at the level of the highest professional degree from the research and development activity, established for the budgetary units. " 11. Article 10 shall read as follows: "" Art. 10. -The strategic objectives pursued by the national plan are established and updated by the Ministry of Research and Technology, in accordance with the priorities of the economic and social policies of the Government. " 12. Article 12 shall read as follows: "" Art. 12. -(1) The Ministry of Research and Technology provides annually, in its own budget, the financial resources necessary to carry out policies in the field of research and development and in the field of innovation stimulation. (2) For this purpose, in the budget of the Ministry of Research and Technology, the title < > amounts from the state budget for the Research and Development Fund and the Innovation Stimulation Fund, called, for the purpose of this ordinance, funds, as well as amounts representing budgets necessary for the contracting of consulting services and expertise, for the realization of studies, analyses, monitoring, evaluations and other similar activities in the field of research and development and innovation, for the evaluation and control of the management of programs and projects for seminars and round tables, as well as promotional actions of image and dissemination of information scientific, for translations. (3) For the consulting services and expertise provided in par. (2), the Ministry of Research and Technology may, following a competition of tenders, conclude contracts with individuals, authorized according to Decree-Law no. 54/1990, as amended, with university professors, university lecturers, heads of works, certified scientific researchers, as well as with authorized experts. These persons do not have the status of collaborator, within the meaning of 20 20 and Annex no. 11 11 to Law no. 40/1991, republished, nor the quality of employee with civil convention, within the meaning of art. 2 2 of Law no. 83/1995 83/1995. (4) The Ministry of Research and Technology also provides, in its own budget, the necessary financial resources to carry out and other expenses provided by law. " 13. Article 13 shall read as follows: "" Art. 13. -(1) The funds provided for in art. 12 is made up of the resources allocated from the state budget to carry out the programs provided for in the national plan ((2) Allowances for multi-annual programmes shall be made annually. ' 14. Article 15 shall read as follows: "" Art. 15. -The Ministry of Research and Technology can assign the management of programs to institutions with research and development and innovation profile, accredited universities or their structures, economic agents, other public institutions with research and development and innovation, as well as non-governmental organizations with competence in the field, established on the basis of capability criteria, in competition system or directly. " 15. Article 16 shall read as follows: "" Art. 16. -The assignment of the management of the programs is made according to the methodological norms, which are approved by Government decision, at the proposal of the Ministry of Research and Technology 16. Article 18 shall read as follows: "" Art. 18. -(1) Programme leaders shall assign projects, on the basis of a civil contract or a financing contract, in a competitive system or, where appropriate, directly or in an institutional system, having the right to share the value of the contract provided and used to cover the own expenses incurred by the performance of the contract. The amount and categories of expenses, as well as other conditions for granting this quota-parties shall be established by methodological norms approved by Government decision. (2) As the case may be, the project offers shall be evaluated by evaluation committees, based on specific criteria and procedures, developed by the Ministry of Research and Technology. " 17. Article 20 shall read as follows: "" Art. 20. -(1) The projects may be carried out, as the case may be, and by one or more individuals. (2) If the project is assigned to a natural person, it, as a project leader, must be authorized to carry out activities independently, according to Decree-Law no. 54/1990, as amended, in the field of research-development, consulting, expertise and the like. (3) The natural person, project leader, must have competence, evaluated by the expert commissions of the program leaders. University professors, university lecturers, as well as certified scientific researchers are exempted from the evaluation. " 18. Article 21 shall read as follows: "" Art. 21. -(1) Research-development incentive programs may include financial instruments to obtain prestigious results and to capitalize on them, including through international partnership. (2) Innovation incentive programmes may include in projects financial instruments for the direct stimulation of enterprises, in particular small and medium-sized enterprises, through which research and development results are used, innovation is absorbed. or an innovative company behavior is adopted, including through international partnership and local development. " 19. Article 22 (1) shall be inserted after Article 22: "" Art. 22 22 ^ 1. -By using financial instruments, the state accepts the existence and taking of risk on the market, for financing from the state budget, in order to implement research and development and innovation policies. The classification in the failure situation is found by the Ministry of Research and Technology, based on analyses carried out by experts. Failure on the market does not require the recovery of spent funds. " 20. Article 23 shall read as follows: "" Art. 23. --(1) Resources allocated from the state budget for the establishment of funds provided for under Title < > of the budget of the Ministry of Research and Technology, according to the provisions of this ordinance, is expressly allocated to and contracted with the program leaders and the project leaders and makers or parts thereof, by exemption from the provisions of art. 79 79 para. ((1) of Law no. 72/1996 72/1996 on public finances. (2) Provisions of para. ((1) shall also apply to the other expenses referred to in art. 12 12 para. ((2) of this ordinance. ((3) The funds referred to in paragraph (1) and (2) do not distinctly provide for the recipients and categories of expenses, by exemption from the provisions of art. 38 38 and art. 79 79 para. ((2) of Law no. 72/1996 72/1996. (4) The staff participating in the implementation of the projects included in the national plan shall benefit, monthly, for the income obtained from this activity, by a reduction of the tax by 50%. " 21. Article 26 shall read as follows: "" Art. 26. -The Government will approve, within 180 days from the date of entry into force of the law approving this ordinance, the methodological norms provided for in art. 16, elaborated by the Ministry of Research and Technology, as well as those provided in art. 18 and 25, developed by the Ministry of Research and Technology, in consultation with the Ministry of Finance. 22. Article 27 shall read as follows: "" Art. 27. -Within 60 days from the date of entry into force of the law approving this ordinance, the Ministry of Research and Technology will establish methodological norms on how to grant research scholarships from own funds. " 23. Article 28 shall read as follows: "" Art. 28. -(1) For 1997 and 1998, the provisions of art. 8 8 para. ((1), art. 9 9, art. 12 lit. a)-c) and of art. 14 of Government Ordinance no. 25/1995 ,, as approved and amended by Law no. 51/1996 , regarding the financing, contracting and valorization of the research and development activity, contained in the National Program for Scientific Research and Technological Development < >, approved by Government Decision no. 1.095/1995, as well as the provisions of Government Decision no. 1.096/1995 still maintain their validity. (2) For the years 1997 and 1998, the funds provided for in art. 13 will be constituted and will work experimentally. (3) During 1997, as the national plan is drawn up and approved, some programs will be financed, experimentally, within the limit of up to 30% of the amounts provided for this year, for the research and development activity, in the budget Ministry of Research and Technology. " 24. Article 29 shall read as follows: " Article 29. -The deadlines provided for in Government Ordinance no. 25/1995 on the regulation of the organisation and financing of research and development, as approved and amended by Law no. 51/1996 and, subsequently, amended by Government Ordinance no. 44/1996 and by Government Emergency Ordinance no. 91/1997, shall be extended as follows: the term provided for in art. 25 25 para. (1), as well as that provided in art. 27, until 31 December 1998. ' + Article 2 Government Ordinance no. 25/1995 on the regulation of the organization and financing of research and development activity, published in the Official Gazette of Romania, Part I, no. 194 of 25 August 1995, approved and amended by Law no. 51/1996 , published in the Official Gazette of Romania, Part I, no. 134 of 27 June 1996, as amended, shall be amended as follows: 1. Article 13 (2) (f) and j) shall read as follows: "f) expenditure to finance the maintenance, operation, operation and security of special installations of national interest;" "j) expenditure for the mobility of specialists from research and development and innovation." 2. Article 22 shall read as follows: "" Art. 22-(1) The results of the research, embodied in tangible and intangible assets, carried out and carried out from public funds, shall be considered to belong to the executor, in compliance with the provisions of 5 5 and 48 of Law no. 64/1991, if the contract was not otherwise provided, and is recorded in its accounting records, regardless of the date of completion of the themes, including those obtained from contracts whose beneficiary is or was the Ministry of Research and Technology. The results of the research completed between 1 January 1993 and 31 December 1995 shall be subject to the provisions of this Article (2) The scientific communication, by any means, shall be subject to the previous paragraph in compliance with the provisions of the law on intellectual property. + Article 3 Government Ordinance no. 25/1995 on the regulation of the organization and financing of research and development activity, approved and modified by Law no. 51/1996 ,, as amended, and Government Ordinance no. 8/1997 on the stimulation of research and development and innovation, as amended, will be republished in the Official Gazette of Romania, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of April 6, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU This law was adopted by the Senate at the meeting of April 6, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU + Annex 1 ((to Government Ordinance no. 8/1997 ) For the purposes of this ordinance: 1. fundamental research-the activity oriented towards the acquisition of new scientific knowledge, as well as to the formulation and verification of new hypotheses and theories, without however having commercial or industrial purpose; 2. applicative research-activity oriented towards practical objectives, embodied in original investigations, elaborated for the purpose of acquiring new knowledge for the development of new products, processes or services or to improve significantly the existing products, processes or services; 3. scientific research-fundamental research and applied research activities, viewed together; 4. precompetitive research-the activity oriented towards the transformation of the results of applied research into plans, schemes or documentation for new products, processes or services, even if they are intended for sale or use, and which include the manufacture of the experimental model and the first prototype, which cannot be used for commercial purposes; pre-competitive research does not include regular or routine changes in products, product lines, manufacturing processes, services or other existing activities already, even if these changes are improvements; 5. competitive research-activity oriented towards transforming the results of precompetitive research into products, processes and services that can directly respond to market demand; also includes systems engineering, engineering and technological design; 6. Technological development-competitive research and competitive research activities, regarded together and containing the activities of technological transfer and valorisation of inventions, through which development, transfer and the application of research results in the economy and in society and aimed at introducing and materializing new products, processes and services, as well as the improvement of existing ones; 7. Research and development-scientific research and technological development activities, viewed together; 8. innovation-activity oriented towards the generation, assimilation and exploitation of novelties in the economic sphere and in the social sphere; 9. innovation-as a product-a new function or improvement or the widening of a functionality of a product, process or service, in any of the areas, and that could either respond to market demand or that could or may generate a new demand the market; 10. innovation-as a process-the activity that allows the emergence of innovation-as a product, and which is based on individual, social or firm behavior, creative and dynamic; innovation-as a process includes research-development; 11. product innovation-the introduction into the economic circuit of a new product or with some significantly improved characteristics, so as to provide the consumer with new or improved services; 12. technological innovation-the introduction into the economic circuit of a process or a technology or the significant improvement of existing ones, including the improvement of the methods of management and organization of work; 13. technology transfer-the activity of disseminating information, explaining, transferring knowledge, consulting and communicating with people who are not experts on the issue, about the results of fundamental, applicative and precompetitive research, in such a way that it increases the chance of applying such results, provided that there is an owner of the results; 14. valorisation-the process by which the results of competitive research end up being used, according to the requirements of industrial or commercial activity, in social and cultural life; 15. dissemination-transmission of information, experience and good practices and cooperation to promote innovation, to support those who want to create innovative enterprises and to support innovative projects; 16. absorbing innovation-the ability of the socioeconomic environment to encompass innovation, particularly in enterprises, to use, transform and broaden knowledge about innovation outcomes, in order to broaden the possibility of applying these results in new products, processes or services; 17. diffusion of innovation-the way innovation is spread through market mechanisms or other means; 18. project-a well-defined purpose, which is foreseen to be carried out in a fixed period and within the limits of the allocated resources and to which a set of rules, objectives and activities is attached; 19. Innovative technological project-the project through which an enterprise can introduce or acquire new technology, specific equipment, equipment, installation, in order to obtain new or improved products, processes or services, or through which it aims to produce new products or services, required on the market, or through which innovative behaviour is adopted; 20. theme in research and development programs-the reference framework of a need, of one or more disciplines in the field of research-development, of a technology or of a sector or of a field of society, for which they can define projects; 21. theme in innovation incentive programs-a discipline of innovation-as a process, a coherent set of alternatives for approaches or an industry in which the results of an innovation project can be absorbed or disseminated; 22. program-set of themes related to each other and aimed at implementing a policy; 23. policy-direction, conduct or mode of action, adopted by the Government, by a ministry or by another specialized body of the central public administration, as well as of the local public administration; 24. program/project management-the activity to control and manage the management of a program/project, by monitoring the performance and by decision, based on a predefined plan; 25. consultant-natural or legal person who provides professional advice or services; 26. expert-natural or legal person having knowledge, skill and specialization in a particular field; 27. non-governmental organization-Romanian legal person of public or private law, of public interest, non-political, non-profit, recognized, according to the law, as having legal personality and not invested with the exercise of the authority of state, nor is it part of the public administration system; 28. grant-non-reimbursable allowance to individuals, non-governmental organizations, economic agents and public institutions; 29. financial instruments-the modalities of financial intervention to reduce the risk on the market or for other purposes, by offering capital on an occasional or constant basis over a period; such instruments are: grant, subsidy, participation in capital, start-up capital, venture capital, microcredit, development fund and the like; 30. demonstration-the activity aimed at proving both the viability of a new technology and, where appropriate, its possible economic advantages, for the purpose of applying new technologies and applying the participation of both producers and users; 31. monitoring-the activity to track, observe, measure and verify, systematically, an activity in terms of performance and efficiency of the use of human, material and financial resources, as well as to design the appropriate measures to achieve the objectives set out in predefined conditions ----------