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Law No. 178 Of 9 October 1998 On The Amendment Of Art. 47 From The Government Ordinance. 21/1992 On Consumer Protection

Original Language Title:  LEGE nr. 178 din 9 octombrie 1998 pentru modificarea art. 47 din Ordonanţa Guvernului nr. 21/1992 privind protecţia consumatorilor

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LEGE no. 178 of 4 November 1997 (* updated *) for the authorization and payment of interpreters and translators used by the Superior Council of Magistracy, the Ministry of Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Directorate, the prosecution bodies criminal, by courts, offices of public notaries, lawyers and bailiffs * **) ((updated until 2 May 2016 *)
ISSUER PARLIAMENT




---------- * *) art. II of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005, whenever in the title and in the content Law no. 178/1997 , with subsequent amendments and completions, the expression "translator and/or interpreter" is used this will be read "translator and interpreter". **) The title of the law was amended by item 1 1 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, which supplements art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 of 28 January 2005, with a new point. ***) The title of the law was amended by item 1 1 of art. I of LAW no. 76 76 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016. The Romanian Parliament adopts this law + Article 1 (1) The Superior Council of Magistracy, the Ministry of Justice, the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Prosecutor's Office are authorized to use, on the basis of civil contracts for services, interpreters and translators for performing translations in and out of foreign languages. -------------- Alin. ((1) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, amending section 1 1 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. (2) The courts, the prosecutor's offices and the criminal investigation bodies shall use interpreters and translators, under the conditions laid down by the Code of Criminal Procedure or the Code of Civil Procedure, as the case may be, and the Law no. 189/2003 on international judicial assistance in civil and commercial matters, Law no. 302/2004 on international judicial cooperation in criminal matters and international treaties ratified by Romania. -------------- Alin. ((2) of art. 1 1 has been amended by section 2 2 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, amending section 1 1 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. (3) The offices of public notaries shall use interpreters and translators under the conditions Law of public notaries and notarial activity no. 36/1995 . (4) Lawyers may employ and use interpreters and translators for the purpose of exercising the profession, according to the law. + Article 2 The activity of interpreter and translator for the Superior Council of Magistracy, the Ministry of Justice, the courts, the prosecutor's offices of the courts, the criminal investigation bodies, the offices of the public notaries, for lawyers and bailiffs are carried out by persons attested in the profession and authorized by the Ministry of Justice. -------------- Article 2 has been amended by section 2. 3 3 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, which supplements art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005, with section 4.2 1 1 ^ 1. + Article 3 *) Authorization as interpreter and translator, who can perform translations for the organs provided in art. 1, shall be acquired, upon request, by the person who cumulatively meets the following conditions: -------------- The introductory part of art. 3 3 has been amended by art. II of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 of 28 January 2005, by replacing the expression "translator and/or interpreter" with the expression "translator and interpreter". a) is a Romanian citizen, citizen of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation; -------------- Letter a) of art. 3 3 has been amended by section 4.2 1 1 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. b) repealed; -------------- Letter b) of art. 3 3 has been repealed by section 6.6. 2 2 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. c) is attested by the Ministry of Culture as a translator for the specialty of legal sciences, from Romanian to foreign language for which it also requests authorization from foreign language in Romanian; ---------- Lit. c) of art. 3 3 has been amended by section 4.2 2 2 of art. I of LAW no. 76 76 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016. d) repealed; -------------- Letter d) of art. 3 3 has been repealed by section 6.6. 3 3 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. e) is medically fit; f) has no criminal record. -------------- Letter f) of art. 3 3 has been amended by section 4.2 1 1 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. -------------- Article 3 has been amended by section 3. 2 2 of art. I of LAW no. 281 281 of 23 June 2004 , published in MONITORUL OFFICIAL no. 589 589 of 1 July 2004. + Article 3 ^ 1 ((1) The citizens of the Member States of the European Union or of the European Economic Area or of the Swiss Confederation may carry out the activity of interpreter and translator for the organs referred to in art. 1, in compliance with the provisions of the present law, in authorization or in the registration regime. ((2) The citizens of the Member States of the European Union or of the European Economic Area or of the Swiss Confederation may be authorized as interpreters and translators under the same conditions as Romanian citizens, and may prove the fulfilment of the conditions provided in art. 3 lit. e) and f) and with documents issued/issued by the authorities of the Member State of origin or provenance. ---------- Alin. ((2) of art. 3 ^ 1 has been amended by section 4.2 3 3 of art. I of LAW no. 76 76 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016. ((3) The authorization procedure does not apply to the citizen of a Member State of the European Union or belonging to the European Economic Area or to the Swiss Confederation, established in Romania, which is authorized as interpreter and translator in the specialty of sciences the legal authority of the Member State of origin or the Member State of origin ((4) The citizen of a Member State of the European Union or of the European Economic Area or of the Swiss Confederation, authorised in the specialty of legal sciences and legally exercising that profession in the Member State of origin or of the origin, may temporarily or occasionally provide, on the territory of Romania, the activities specific to the profession of interpreter or authorized translator, without fulfilling the procedure and conditions of authorization provided in art. 3. (5) In the cases provided in par. (3) and (4), for the exercise of the profession it is not necessary to prove the knowledge of the official language of the state whose citizen is the stranger. (6) In application of the provisions (3) and (4), the Ministry of Justice recognizes certificates or other similar documents certifying the quality of interpreter and translator authorized in the specialty of legal sciences, issued/issued by the competent authorities of the home state or of provenance. (7) Persons referred to in par. (1) must have the knowledge of the Romanian language necessary for the exercise of the profession, the proof of which is made with documents from which it follows that they have completed a form of education in Romanian or with certificates of linguistic competence. (8) If it is necessary to verify the documents submitted for authorization, it may also be carried out through the Information System within the internal market, under the law. (9) The provisions of this Article shall be duly completed with the provisions of Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, with subsequent amendments and completions. -------------- Article 3 ^ 1 has been amended by section 1. 3 3 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. + Article 4 (1) The application for authorization as interpreter and translator to be used by the bodies referred to in art. 1 is addressed to the Ministry of Justice and will be accompanied by the supporting documents on the fulfilment of the conditions provided in 3. ((2) The authorization shall be granted by order of the Minister of Justice no later than 30 calendar days from the date of submission by the applicant of all documents proving the fulfilment of the legal conditions of authorization. (3) The term provided in par. ((2) may be extended only once, with a maximum of 15 calendar days. The validity of the documents originally submitted is not affected by this extension. The extension of the authorisation period and the duration of that extension must be reasoned and notified to the applicant before the expiry of the (4) If the applicant does not comply with the conditions provided by law or the request made by him is not accompanied by the supporting documents, the Ministry of Justice, through the specialized direction, communicates to the interested party the refusal of authorization or, where appropriate, the need to complete the evidence required by law. The refusal of authorisation shall be duly substantiated. (5) The decision to refuse or withdraw the authorization of interpreter or translator may be appealed to the competent court, according to the law. (6) The form and the content of the authorization shall be determined by order of the Minister -------------- Article 4 has been amended by section 4. 4 4 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. + Article 5 (1) The Ministry of Justice shall draw up the lists of authorized interpreters and translators, as well as those referred to in art. 6 6 1 para. (4), which they communicate to the Superior Council of Magistracy, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Prosecutor's Office and the courts of appeal. (2) The prosecutor's office of the High Court of Cassation and Justice will communicate the lists of interpreters and translators authorized to the subordinate prosecutors. (3) The courts of appeal shall forward these lists to the courts and courts of their constituencies. (4) The lists shall also be communicated to the Ministry of Administration and Interior, to the National Union of Public Notaries, to the National Union of Bars of Romania and to the National Union of bailiffs, which will inform them, after case, criminal investigation bodies in subordination, offices of public notaries, lawyers ' bars and offices of bailiffs. (5) Update of the lists provided in par. (1)-(4) will be made periodically, depending on the authorization of new persons or the termination of the quality of interpreter or authorized translator. -------------- Article 5 has been amended by section 6.6. 5 5 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, which supplements art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005, with section 4.2 4 4 ^ 1. + Article 5 ^ 1 (1) The quality of authorized interpreter and translator, acquired under this law, may be suspended, by order of the Minister of Justice, at the request of the interpreter and his ex officio: a) for duly justified reasons, only at the request of the authorized interpreter and translator; b) in case of preventive arrest of the authorized interpreter and translator, until the end of the measure; c) in the case of house arrest of the authorized interpreter and translator, until the end of the measure. (2) In the cases provided in par. ((1) lit. b) and c), the judicial body that ordered the measure has the obligation to communicate to the Ministry of Justice, immediately, the procedural act by which it was ordered, was maintained or extended the measure of preventive arrest or house arrest of an interpreter and certified translator. (3) The Order of the Minister of Justice suspending the quality of the authorized interpreter and translator can be appealed to the competent court, according to the law (4) The termination of the suspension of the authorized interpreter and translator shall be ordered by order of the Minister of Justice, at the request of the authorized interpreter and translator or ex officio, if the circumstances that determined it have disappeared. Provisions of paragraph ((3) shall apply accordingly. ---------- Article 5 ^ 1 has been introduced by item 1. 4 4 of art. I of LAW no. 76 76 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016. + Article 6 (1) Authorization as interpreter and translator, acquired under the conditions of this law, shall cease in the following cases: -------------- The introductory part of para. ((1) of art. 6 6 has been amended by art. II of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 of 28 January 2005, by replacing the expression "translator and/or interpreter" with the expression "translator and interpreter". a) on request; b) if the one in question no longer meets one of the conditions laid down in art. 3 3; b ^ 1) for lack or restriction of exercise capacity; -------------- Point b ^ 1) of par. ((1) of art. 6 6 was introduced by section 4.2. 5 5 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. c) if he was convicted by a final court decision for the intentional commission of a crime in connection with the exercise of the profession; -------------- Letter c) a par. ((1) of art. 6 6 has been amended by section 4.2 5 5 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. d) for professional incapacity, referred to in writing by the beneficiary; e) for two unjustified refusals, within one year, to provide the requested services; -------------- Letter e) a par. ((1) of art. 6 6 has been amended by section 4.2 6 6 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, which supplements art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005, with section 4.2 5 5 ^ 1. f) by death. (2) The existence of the cases provided in par. (1) shall be verified by the Ministry of Justice, shall be found by order of the Minister of Justice and shall be communicated to the person concerned, except for the situation provided f). (3) The complaint of the Ministry of Justice will be made for the cases provided in par. ((1) lit. b), b ^ 1), c), e) and f) by the bodies referred to in art. 1, as well as any other person interested. -------------- Alin. ((3) of art. 6 6 has been introduced by section 6 6 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. (4) Within 30 days from the date of final stay of the court decision condemning the translator and the interpreter for the intentional commission of a crime in connection with the exercise of the profession, the court has the obligation to transmit to the Ministry of Justice the certified copy for conformity with the original of the judgment -------------- Alin. ((4) of art. 6 6 has been introduced by section 6 6 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. -------------- Article 6 has been amended by section 6. 4 4 of art. I of LAW no. 281 281 of 23 June 2004 , published in MONITORUL OFFICIAL no. 589 589 of 1 July 2004. + Article 6 ^ 1 (1) Interprets and translators authorized under the present law are obliged to request, within 60 days from the date of authorization, to take into account the court in the constituency to which they reside. -------------- Alin. ((1) of art. 6 ^ 1 has been amended by section 4.2 6 6 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, which supplements art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005, with section 4.2 5 5 ^ 2. (1 ^ 1) Interprets and translators authorized under this law are required to notify the issuer of the authorization, within 30 days of becoming aware, any changes in their situation as a result of which the conditions for granting the authorization is no longer fulfilled. -------------- Alin. ((1 ^ 1) of art. 6 ^ 1 was introduced by section 1. 7 7 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. (2) If the interpreters and translators change their name, domicile, residence or telephone number, they have the obligation to inform this situation, within 60 days from the date of the change, to the Ministry of Justice and the Tribunal where they are taken into account. -------------- Alin. ((2) of art. 6 ^ 1 has been amended by section 4.2 6 6 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, which supplements art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005, with section 4.2 5 5 ^ 2. (3) Until the date of fulfilment of the obligations provided in par (1)-(2), interpreters and translators may not carry out the activity regulated by this law. -------------- Alin. ((3) of art. 6 ^ 1 has been amended by section 4.2 8 8 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. ((4) Citizens of the Member States of the European Union or of the European Economic Area or of the Swiss Confederation, referred to in art. 3 ^ 1 para. (3) and (4), in order to provide interpreter and translator activity, under the conditions of this law, will be taken, upon request, in the records of the specialized department within the Ministry of Justice and, as the case may be, of the tribunal in the constituency to which they are Establishment. -------------- Alin. ((4) of art. 6 ^ 1 has been amended by section 4.2 8 8 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. -------------- Article 6 ^ 1 has been amended by art. II of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 of 28 January 2005, by replacing the expression "translator and/or interpreter" with the expression "translator and interpreter". + Article 6 ^ 2 The authorized interpreters and translators are required to observe confidentiality regarding the facts, information and documents they are aware of in the exercise of the activity, both during the quality of the quality and after its termination, with the exception of cases where the law or the party concerned by the preservation of confidentiality issues them with that obligation ---------- Art. 6 ^ 2 was introduced by section 2. 5 5 of art. I of LAW no. 76 76 of 28 April 2016 , published in MONITORUL OFFICIAL no. 334 334 of 29 April 2016. + Article 7 (1) The tariffs for the payment of authorized interpreters and translators used by the bodies provided in art. 1 will be determined and indexed annually, depending on the inflation rate index, by joint order of the Minister of Justice and the Minister of Public Finance. The rates for the payment of the interpreters cannot be less than 200,000 lei per hour. -------------- Alin. ((1) of art. 7 7 has been amended by section 7 7 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, amending section 6 6 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. (2) The fee of translators and interpreters used by the bodies referred to in art. 1 will be determined by the ordinance or the conclusion of appointment of the translator and the interpreter, in accordance with the provisions of the Code of Criminal Procedure or by civil contract for services, according to the law. (3) The rates provided in par. (1) will be increased as follows: a) with 50% for translations from or in an Oriental language (Japanese, Chinese, etc.) or rarely used; b) by 50% for translations carried out as a matter of urgency (24-48 hours); c) with 100% for translations carried out simultaneously to the helmet, to the courts, to the criminal investigation bodies and to the prosecutor's offices; -------------- Letter c) a par. ((3) of art. 7 7 has been amended by section 4.2 8 8 of art. I of LAW no. 110 110 of 3 May 2005 , published in MONITORUL OFFICIAL no. 410 410 of 16 May 2005, amending section 6 6 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. d) by 100% when interpreters and translators will be requested on weekly rest days, on public holidays or other days when, according to the legal provisions, no work is done, as well as for the performances carried out between the hours 22,00-6,00 22,00-6,00. -------------- Article 7 has been amended by section 7. 6 6 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. + Article 8 Repealed. -------------- Article 8 was repealed by point (a). 7 7 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. + Article 9 Repealed. -------------- Article 9 was repealed by point (a). 7 7 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. + Article 10 (1) Interprets and translators who move to a locality other than their domicile, to carry out the works requested by the courts, the prosecutor's offices of these and the criminal investigation bodies, are entitled to the refund expenses of transport, maintenance, housing and other necessary expenses, according to the provisions of the Code of Criminal Procedure. (2) Interprets and translators who travel to a locality other than their domicile, to carry out the works requested by the Ministry of Justice, benefit from transport, accommodation and daily expenses according to the legal provisions applicable in the budget units. + Article 11 The tariffs provided for in this law are gross and taxable under the law. + Article 12 Repealed. -------------- Article 12 has been repealed by point (a) 7 7 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. + Article 13 The Ministry of Justice will adopt the implementing regulation of this law within 30 days of its entry into force. + Article 14 Until obtaining authorization, according to this law, interpreters and translators requested by the institutions provided in art. 1 may continue to carry out this activity, provided that the provisions of art. 3. + Article 15 (1) In cases where there are no interpreters and translators authorized according to this law, in order to ensure the exercise of the rights and duties recognized by law the organs provided in art. 1 I can use trusted people who know the languages in/and in which the translation is done and/or the interpretation and which they use routinely or professionally. (2) Payment for the activity of interpreter and translator submitted by those provided in par. (1) is made under the conditions provided by this law for authorized interpreters and translators. -------------- Article 15 was introduced by the single article of EMERGENCY ORDINANCE no. 80 80 of 14 July 2005 , published in MONITORUL OFFICIAL no. 629 629 of 19 July 2005. + Article 16 The provisions of this law shall be completed, regarding the procedures and formalities of authorization, as well as the exercise of the profession of authorized interpreter and translator, with the provisions Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania. -------------- Article 16 has been introduced by the 9 9 of art. I of ORDINANCE no. 13 13 of 29 January 2010 , published in MONITORUL OFFICIAL no. 70 70 of 30 January 2010. This law was adopted by the Chamber of Deputies at the meeting of October 14, 1997, 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 October 16, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution.
p. SENATE PRESIDENT
RADU VASILE + Annex Repealed -------------- The Annex was repealed by section 6.6. 8 8 of art. I of ORDINANCE no. 11 11 of 21 January 2005 , published in MONITORUL OFFICIAL no. 98 98 of 28 January 2005. ----------------