Law No. 129 Of 25 June 1998 On The Establishment, Organization And Functioning Of The Romanian Social Development Fund

Original Language Title:  LEGE nr. 129 din 25 iunie 1998 privind înfiinţarea, organizarea şi funcţionarea Fondului Român de Dezvoltare Socială

Read the untranslated law here: http://legislatie.just.ro/Public/DetaliiDocument/15036

Law No. 129 of 25 June 1998 (* updated *) (* republished *) concerning the establishment, organization and functioning of the Romanian Social Development Fund *) (updated until May 26, 2014) ISSUER-PARLIAMENT-------*) form of this updated regulatory action until May 26, 2014 is carried out by the legal department within the S.C. "territorial Center of Electronic Computing" Piatra Neamt by including all changes and additions made to the CORRECTION: nr. 129 of 25 June 1998.
The contents of this act is not an official document, being intended for the information of the user _ _ _ _ _ _ _ _ _ _ _ _ *) the 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, posing a new texts.
Law No. 129/1998 has been republished in the Official Gazette of Romania, part I, no. 483 of 8 June 2005, and was subsequently amended by order No. 28/2006 regulating the financial and fiscal measures, published in the Official Gazette of Romania, part I, no. 89 of 31 January 2006, approved with amendments and completions by law No. 266/2006, published in the Official Gazette of Romania, part I, no. 580 from 5 July 2006.


Chapter I General provisions Article 1 (1) shall establish the Romanian Social Development Fund, hereinafter referred to as the Fund, organization of public interest, non-profit, with legal personality and with its headquarters in Bucharest.
  

2. the Fund operates under the authority of the Government, under the present law.
  


Article 2 (1) for the purposes of this law, the concepts below: a) beneficiaries are groups in poor rural communities, groups of Roma are poor, disadvantaged groups, communities and productive groups originating in the poor and other social categories determined as eligible, in agreement with donors or donors;
  

b poor rural communities) are those groups of households and families, living in a village or in a human settlement, which faces the same problems and obstacles, have identical interests and meet the characteristics specified in the operating manual of the Fund;
  

c) disadvantaged groups are made up, as appropriate, of poor, elderly without family support, certain categories of patients, persons deprived of housing or shelter, women, victims of domestic violence, poor women, poor parents with dependent children, street children, teenage pregnant and also poor in other categories;
  

d) productive groups arising from poor communities or groups set up to productive levels of other categories set as eligible from municipal communities, communities or villages, are those of farmers, craftsmen, artisans and other craftsmen;
  

e) poor groups of people from Roma settlements are located in urban or rural area made up mostly of members of the Roma;
  

f) grant agreement is the Convention concluded between the Fund and representatives of the beneficiaries, under which the Fund shall transmit to the beneficiaries or, where appropriate, intermediate organisations, free of charge, amount of money, grants, for the sole purpose of the execution of the approved projects;
  

g) project is an initiative coming from the part of the beneficiaries, in accordance with the regulations of the Fund;
  

h) facilitator is a natural person or a legal entity selected by the Fund, which assumes an obligation to help a poor, rural community a disadvantaged group, a group of productive times other social category determined as eligible, derived from municipal communities, communal or village councils, where appropriate, to organize, to identify their own needs, to prioritize, to develop a project to overcome the problems of organization and communication occurring in the course of a project , to participate in the sustainable development of the community and after the conclusion of the Fund's financing;
  

I) representatives of the beneficiaries should, where appropriate, be the Governing Committees of the projects, in the case of groups in poor rural communities, productive groups coming from poor communities and other social categories determined as eligible from municipal communities, communities or villages, intermediate organisations, either in the case of disadvantaged groups, either the Mayor's administrative and territorial unit alone and/or in partnership with non-governmental organizations, in the case of poor groups of Roma;
  

j) Management Committee of the project management unit and management of the project, consisting of three people: the President, Secretary, Treasurer, from poor rural community groups, productive groups coming from poor communities and other social categories determined as eligible from municipal communities, communal or village councils, designated by them under the procedure for the acquisition of legal personality by the groups in poor rural communities productive groups from poor rural communities and other social categories determined as eligible from municipal communities, communal or village;
  

k) maintenance Committee of the project is the maintenance of the project, consisting of a minimum of 3 people in the group from poor rural community or within other categories established as eligible from municipal communities, communities or villages, mandated by their members through a legalized document from the Secretary of the administrative and territorial unit in whose RADIUS is located recipient or beneficiary group community where appropriate;
  

l) intermediate organizations are non-governmental organisations, legal persons governed by private law, non-profit, or local public administration authorities, where appropriate in the contractual relations of partnership with non-governmental organizations.
  

(2) in order to benefit from the provisions of this law, the groups referred to in paragraph 1. (1) (a). b), d) and (e)), as well as groups belonging to other categories established as eligible from municipal communities/settlements, communities or villages under the terms of paragraph 1. (1) (a). the) must acquire legal personality on the basis of the minutes of Constitution as a legal entity concluded by at least 10 members of the community, i.e. for at least 30 members in the case of the Roma beneficiaries registered with the local Council, in whose territorial RADIUS lies the settlement of beneficiary or community group/beneficiary, as appropriate. Such legal personality acquired may make use only legal relations arising in connection with the application of the provisions of this law. Such legal person constituted ceases to fiinţeze after having been achieved the objective of financing in accordance with procedures laid down by the Fund.
  


Article 3 categories of projects financed by the Fund are the following: a low-infrastructure) projects proposed by rural groups in poor rural communities, defined in art. 2 (2). (1) (a). b);
  

b) projects for income generating activities of productive groups arising from poor communities, defined in art. 2 (2). (1) (a). d);
  

c) community social services projects proposed by organizations, as defined in art. 2 (2). (1) (a). l);
  

d) projects and programmes with integrated approach addressed to poor Roma groups, as defined in article 10. 2 (2). (1) (a). e). Ways of projects and programmes with integrated approach addressed to poor Roma groups, to be determined in agreement with donors, through operating manual;
  

e) other types of eligible projects deemed to be in agreement with donors or donors, as appropriate.
  


Article 4 (1) the Group of poor, rural poor groups of Roma origin or belonging to other categories of group established as eligible from communities or towns, villages, communities can make use of legal personality acquired according to art. 2 (2). (2) only in legal relations arising in connection with the realisation of a project/programme and with its maintenance after termination of the financing by the Fund. The closure of the projects financed by the Fund, the Committee for the maintenance of the project take over all rights and obligations is given by the project Steering Committee in relation to the maintenance of assets resulting from the execution of the project, as appropriate, and the latest financial management acts consisting in payment of guarantee of performance of contracts, from the bank account opened for the project financed by the Fund.
  

(2) ownership of the objectives resulting from the execution of projects of small rural infrastructure, the closing date of the projects, administrative-territorial units, with their maintenance obligation together with the maintenance of the project.
  


Article 5 (1) After approving an application for Fund financing, productive members of the group from a poor community or productive group belonging to other categories established as eligible from municipal communities, communal or village councils, groups that have acquired legal personality under art. 2 (2). (2) in order to constitute the agreement of the grant, a new legal entity in one of the legal forms recognized by the laws in force, in relation to the specifics of the project approved by the Fund.
  

(2) In the situation referred to in paragraph 1. (1) the legal person referred to in art. 2 (2). (2) ceases to fiinţeze, according to the procedures laid down by the Fund.
  


(3) ownership of property acquired for the purpose of execution of projects on income-generating activities, the closing date for project legal person constituted under the conditions of new-paragraph 1. 1. Article 6 ownership of property acquired for the purposes of community social services projects rests at the date of their intermediate organisations as defined in article 2. 2 (2). (1) (a). l), which are required to be used for the same purposes for which it was purchased.


Article 7 where the failure to comply with the provisions of the grant agreement, the Fund will establish procedures governing the withdrawal of remaining amounts in grant's bank accounts.


Article 8 (1) the Fund aims to contribute to the reduction of poverty by funding projects in poor communities, including poor Roma groups and disadvantaged groups, increasing managerial capabilities, supporting local administrative decentralization, increased organizational capacity at the local level.
  

(2) in order to expand his business, experience and financial resources to supplement the Fund may conduct and other activities in the field of social development, such as: training, assistance and advice.
  

(3) financing of projects referred to in paragraph 1. (1) shall be made on the basis of the ranking, according to the selection criteria and within the limits of the funds available.
  

(4) the Fund shall be established for an initial duration of 4 years and is a program of the Romanian Government set up with the financial support of the international financial organizations and other donors in the country and abroad, of the State budget and local budgets. The Fund will continue its work, and after expiry of the initial period in which the financial resources.
  


Article 9 (1) in carrying out its purpose, the fund adopted its own regulations under the conditions provided for in this Act, be binding on the persons with whom only enters into legal relations. These rules will refer to the operating manuals, administrative and financial procedures Manual, guides/regulations/operational procedures, facilitator's Guide, the procedure for the acquisition of legal personality, in accordance with art. 2 (2). (2) as well as other regulations, as needed.
  

(2) by decision of the Board of Directors of the Fund will determine which of the rules referred to in paragraph 1. (1) shall be published in the Official Gazette of Romania, part I.
  

(3) on the basis of its regulations, the Fund administers its own budget of revenue and expenditure.
  


Article 10 in order to achieve its purpose, the Fund cannot constitute, when appropriate, unincorporated branches at regional level.


Article 11 organization and functioning Fund is characterized by: a) administrative autonomy, under the present law;
  

b) alcohols industry politics.
  


Article 12 in its activity the Fund promotes the following principles: transparency in respect of Administration) budget of revenue and expenditure;
  

(b) allocation of funds) based on the assessment of project proposals in relation to the conditions imposed by the Fund;
  

c) resources to identified needs orientation and/or claims expressed by groups in poor rural communities, including poor Roma groups, belonging to other categories of groups established as eligible from municipal communities, communities or villages and disadvantaged groups;
  

d) community participation and partnership;
  

e) ensure a optimum ratio between costs and effectiveness;
  

f) contribution recipients and intermediate organizations, as appropriate, to the completion of projects, by contribution in kind, and/or cash;
  

g) integrated approach to the problems of the beneficiaries.
  


Chapter II Organization of the Fund Article 13 of the Fund's governing body is the Board of Directors, made up of 11 members as follows: (a) a representative designated by the) Prime Minister;
  

b) one representative of the Ministry of labour, social protection and the family, the Elderly, the Ministry of transport, Ministry of public finance, the Ministry of public administration and regional development, Ministry of European funds and the National Agency for Roma, appointed by heads of the institutions concerned;
  

— — — — — — — Lit. b) art. 13 amended by CORRECTION No. 129 of 25 June 1998, published in MONITORUL OFICIAL nr. 387 dated 26 May 2014.

c) four public figures acknowledged, from civil society, who are not part of non-governmental organizations participating in the Fund, called by the President of Romania.
  


Article 14 (1) the Board's term of Office is 4 years.
  

(2) members of the Board of Directors, referred to in art. 13 lit. the a and b)), shall be appointed by decision of the Government.
  

(3) at the first meeting, the members of the Board of directors make the proposal for the designation of its President, which he will submit to the Prime Minister for approval.
  


Article 15 (1) the members of the Board of Directors may be to cancel the authority that appointed them, in the following situations: a they have committed criminal offences) for having undergone final convictions or any other acts detrimental to the authority;
  

b) is in a situation of conflict of interest with the Fund;
  

c) does not promote the principles set out in article 11. 12. (2) may also be members of the Board of Directors to cancel the designated authorities referred to in article 1. 13 lit. the a and b)), where they have lost quality under which have been proposed by those authorities.
  

(3) the existence of one of the situations that determine the revocation of members of the Board of Directors is established on the basis of the referral, the authorities referred to in article 1. 13 lit. the a and b)) or by the Act of control bodies referred to in article 1. 40. Article 16 (1) the Board of Directors meets quarterly in workshops and wherever it is needed.
  

(2) For participation in the meetings of the Board of Directors, the Chairman and the members shall receive a monthly allowance of 25% of the monthly allowance of the Secretary of State For the benefit of the Fund movements, the Chairman and members of the Board of Directors shall be eligible for the reimbursement of transport, accommodation and daily allowance under the conditions provided for by the laws in force for the staff in the budgetary sector, applicable for category rank rank of Secretary of State.
  


Article 17 Executive Board coordinates and controls the overall activity of the Fund. To this end, it shall carry out the following tasks: a) sets the strategy and policies of the Fund;
  

b) seeks consistency and complementarity the strategy and policies of the Fund with the sectoral strategies and policies of the State in combating poverty;
  

(c) adopt the regulations of the Fund);
  

d) approves the budget of revenue and expenditure and the annual activity report of the Fund, prepared by the Executive Director;
  

e) aims at complementarity of projects in relation to projects initiated by other organizations and to avoid duplication at stemming from similar projects;
  

f) designate independent external audit, the purpose of the financial statements of the Fund and receive their reports;
  

g) approve the setting up of branches of the Fund at the zonal level;
  

h) designate subcommittees on project categories, consisting of 3 members of the Board of directors who make recommendations regarding approval of financing;
  

I) approves projects resulting from the evaluation process on the recommendation of the subcommittees;
  

j) adopt any other measures necessary to achieve the purpose of the Fund.
  


Article 18 (1) the Board of Directors meets, article. 391. (1) at the request of the President or one third of its members.
  

(2) the Board of Directors Meetings are conducted by the Chairman or, in his absence, by one of the members appointed by the President.
  

(3) the Board of Directors shall take decisions in the presence of at least 7 members, one of whom must be the Chairman or, where appropriate, by the mandated replacement Chairman.
  

(4) where, on the occasion of the adoption of a decision, a member of the Board of Directors knows he is in a conflict of interest, he shall be obliged to abstain in the vote. Violation of this obligation may result in revocation of judgment and its cancellation.
  

(5) the meetings of the Board of Directors takes part, as a guest, the Executive management of the Fund.
  

(6) the Board of Directors to approve its own rules of organization and operation.
  


Article 19 (1) of the Fund's current activity is led by its Executive Director, appointed by the Prime Minister, upon proposal of the Board of Directors and provided that the requirements for the training and professional experience required by the nature of the activity of the Fund.
  

(2) the Executive Director shall be aided in the performance of its duties by a Deputy head, an employee in the conditions of labour legislation.
  


Article 20 the Executive Director of the Fund shall have the following duties: a) leads the work of the specialized compartments of the Fund;
  

b) supervises and directs the work of the regional branches of the Fund;
  

c) collaborating with the Fund of central public administration authorities and local non-governmental organizations and;
  


d) provides reports and any other material, including income and expenditure budget and the annual activity report, which shall be subject to the approval of Board of Directors;
  

e approve, within the limits of) competence laid down in this law, the issue of monetary funds by the local branches of the Fund;
  

f) regularly inform the Board of Directors on the State of implementation of projects.
  


Article 21 (1) the Executive Director is the legal representative of the Fund in its relations with the private individuals and legal entities, as well as before the judicial authority.
  

(2) the Executive Director shall employ and dismiss, in accordance with the law and the internal regulations of the Fund, its staff. We also conclude contracts with external collaborators, in consideration of the terms of reference, over a certain period.
  

(3) the Executive Director shall conclude any kind of legal acts related to the purpose of the Fund and undertake its heritage, in accordance with the regulations approved by the Board of Directors.
  


Article 22 (1) organizational chart of the Fund is approved by the Governing Board on a proposal from the Executive Director.
  

(2) within the organisational structure is provided and an Office for the relationship with the poor groups of Roma, as well as additional staff within the existing structures, engaged in integrated programmes and projects for the poor Roma groups, along with the provision of the necessary financial resources, the operation required, pursuant to article 5. 35, and the financial resources required for the financing of these types of projects and programs.
  


Article 23 (1) Employees of the Fund are employed under a contract of employment under conditions of labour legislation. External collaborators are recruited through Fund selection, ending with these contractual commitments.
  

(2) the structure of staff and collaborators, their rights and obligations, including the level of remuneration and benefits payable shall be determined by the regulations of the Fund.
  


Chapter III Patrimony Fund Article 24 (1) the date of the establishment of the Fund, its heritage is made up of: a) the right of use of goods supplied by an autonomous "State Heritage Administration Protocol," according to the law;
  

b) right of use of office equipment and communications purchased from grants from international financial bodies.
  

(2) the financial resources of the Fund come from: a) from international financial bodies;
  

b) from donations by individuals and legal entities, within the country and abroad, and from sponsorships, which can be used in accordance with the provisions of art. 26 para. (1) as well as to expand the ways of combating poverty;
  

(c) interest earned up to the) liquidity fund USD and interest remaining unused at the projects, designed exclusively for the financing of projects;
  

(d) income realised from your own) from the provision of training services, assistance and consulting in the field of social development, which will be used to complement funds intended to cover expenditure on establishment and operation of the Fund, as well as financing of projects;
  

e) from local budgets, within the limits approved by the local councils or county councils, where appropriate;
  

f) from the State budget, to a maximum of the equivalent in lei of 12.4 million, of which $ S.U.A. equivalent in MDL of 300,000 dollars necessary conditions for ensuring S.U.A. extending the activity of the Fund as a result of involvement in the preparation of integrated projects and programmes poor Roma groups. The amount of $ 12.4 million S.U.A. may be increased further by regulatory acts by which it will approve new loans used by the Fund.
  

(3) the amounts shall be paid annually in the form of transfers from the State budget shall be prescribed in the budget of the Ministry of public finance.
  

(4) the Availability of the Fund shall be kept in an account at a Bank and shall bear interest.
  

(5) For the activity of the Fund in the first three months of the establishment of expenditure shall ensure financing from the State budget, at the expense of the reserve fund at the disposal of the Government budget, the level of the amounts required to be approved by decision of the Government.
  


Article 25 the Heritage Fund is administered by the Executive Director, in accordance with the rules adopted by the Board of Directors.


Article 26 (1) the financial resources of the Fund shall be used for: a project financing);
  

b) funding programs with the integrated approach;
  

c) cover the costs of its own, the proper functioning of the Fund.
  

(2) allocation of financial resources of the Fund for the projects is done only on the basis of selection and competition, according to the regulations adopted by the Board of Directors.
  

(3) the maximum financial contribution Ceilings to Fund projects, as well as eligible costs are set by regulations of the Fund.
  

(4) the financial resources of destinations Detailing Fund is provided for in the regulations adopted by the Board of Directors.
  


Article 27 Fund resources may not be used for: a land purchase) and buildings;
  

b) speculative transactions of any kind;
  

c) purchase of securities;
  

d) and construction on land owners, individuals or legal persons operating for profit, other than those which are the subject of concern of the Fund;
  

e) maintenance and other costs subsequent funding, required for the proper functioning of the infrastructure resulting from the execution of projects;
  

f) other operations provided for in the regulations adopted by the Board of Directors.
  


Chapter IV Fund Operation section 1 General provisions Article 28 (1) enabling the funding of projects, the Fund carries out the following operations: (a) promoting and disseminating the information) to the public with regard to its work and the projects we can fund, as well as to facilitate, to the beneficiaries in the identification process and the ranking of their needs and the development of projects;
  

b) organisation process of assessment, selection and approval of project proposals received from beneficiaries;
  

c) grant agreement with the representatives of beneficiaries or with intermediate organisations as appropriate;
  

d) organisation of training programs and experience exchange for representatives of beneficiaries;
  

e) sums affected projects;
  

(f) monitoring and supervision), the evaluation of the execution of projects;
  

g) finding that the objectives laid down at the level of the grant agreement.
  

(2) the operations referred to in paragraph 1. (1) is determined by the regulations of the Fund.
  


Article 29 In the course of carrying out the operations referred to in article 1. 28, the Fund shall enter into legal contractual relationships with different partners, such as market agents, non-governmental organizations, local public administration authorities and individuals.


Section 2-conclusion and execution of the grant agreement, Article 30 (1) grant agreement shall be concluded in written form, by the Fund, represented by its Executive Director, on the one hand, and representatives of the beneficiaries, on their behalf or for their account, on the other hand. In the case of disadvantaged groups, grant agreement shall be concluded between the Fund, represented by its Executive Director, on the one hand, and intermediate organisation, on his own behalf and on behalf of the groups, on the other hand.
  

(2) the content of the framework agreement for the grant regulations of the Fund.
  


Article 31 grant Payment is made in lei, subject to the conditions laid down in the grant agreement, the exchange rate of foreign currency earned by the Fund as a result of currency auction on the day of payment.


Article 32 (1) the use of the grant for purposes other than those provided for in the grant agreement is prohibited and attracts the abolition of grant agreement without judicial intervention or the Arbitration Board, as appropriate.
  

(2) if it is established that the use of grants for purposes other than those provided for in the grant agreements, recovery of amounts of grants to those beneficiaries shall be made in accordance with the legislation in force regarding the use of public funds, the Fund together with the competent tax authorities, during the operation of the Fund, and after the termination of its operation by the competent tax authorities.
  


Article 33 (1) contracts between recipients and third party providers and grant providers of services is concluded in writing and is enforceable.
  

(2) the contracts referred to in paragraph 1. (1) shall include particulars relating to the grant, the grant and the Fund's involvement.
  

(3) on goods resulting from the execution of contracts provided for in paragraph 1. (1) the supplier, contractor and service provider are required to apply, in every form and emblem, and other distinguishing signs of the Fund, established by its rules.
  


Article 34 if during the execution of the grant agreement are found to be violations of contractual obligations or nesocotiri of the provisions of this law and of the provisions of the regulations of the Fund, it can proceed to suspend execution until the deficiencies or termination of the grant agreement, without the intervention of the Court or of the Court of arbitration.


Chapter V final provisions Article 35


Directed Autonomous "State Heritage Administration Protocol" will be made available to Fund a building suitable for headquarters to provide the necessary space and activity of the Office for the relationship with the poor Roma groups.


Article 36 throughout the initiation, development, evaluation, selection, approval and realization of projects, beneficiaries, representatives respectively, and intermediate organizations, facilitators times appropriate, have the right to free legal assistance on the part of local public administration authorities within the County, regardless of their hierarchical level, in the preparation and conclusion of any legal acts related to the presentation of a project for funding by the Fund.


Article 37 of the project Steering Committee organizes and directs the accounting of property rights and obligations by a simple entry in accordance with the provisions of the law on accountancy No. 82/1991 republished, with subsequent amendments and additions, with the opinion of the competent territorial bodies of the Ministry of public finance.


Article 38 within 15 days from the date of entry into force of this law, will be appointed members of the Board of Directors, and the Executive Director of the Fund.


Article 39 within 90 days from the date of entry into force of this Act, the Governing Board shall adopt the regulations of the Fund, will approve its organizational structure and will undertake necessary activities employing staff.


Article 40 (1) a statutory bodies performing control over how they are used, the amounts corresponding to the financing of the Fund from the State budget, local budgets and from the Romanian State loans of international financial bodies.
  

(2) members of the Board of Directors, Executive Director and staff of the Fund does not respond for the actions or inactions of the beneficiaries of grants in breach of the regulations of the Fund, after proof of compliance with the provisions of the Fund grant agreements concluded, namely suspension, cessation of project financing and times/or application of legislation.
  


Article 41 the amounts arising from loans contracted by the Romanian State with international financial bodies and used to finance the Fund to achieve its purpose, represents the commitments and responsibilities of the State and shall be reimbursed by the Ministry of public finance.


Article 42 at the end of its life, unused financial resources of the Fund shall be made to the State budget income. _ _ _