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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Law No. 178 of 4 November 1997 (* updated *) for authorization and payment of interpreters and translators use the Superior Council of Magistracy, Ministry of Justice, the public prosecutor's Office attached to the High Court of Cassation and justice, the national Anticorruption Directorate, for the prosecution, the courts, public notary offices, lawyers and bailiffs *) (updated until May 2, 2016)-PARLIAMENT ISSUING — — — — —-*); II of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, whenever in the title and the content of law No. 178/97, as amended and supplemented, it uses the term "translator and/or interpreter" it will read "translator and interpreter".
*) Title of the law was amended by section 1 of article. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which complements art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, with a new point.
The title was law) as amended by section 1 of article. 1 of law No. 76 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016.
Romanian Parliament adopts this law.


Article 1 (1) the Superior Council of Magistracy, Ministry of Justice, the public prosecutor's Office attached to the High Court of Cassation and justice and the national Anticorruption Prosecutor's Office are authorized to use, based on civil contracts for the provision of services, the interpreters and translators for making translations into and from other languages.
  

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Alin. (1) of article 1. 1 was amended by paragraph 2 of article 9. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which amended section 1 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.

(2) the courts, the public prosecutor's Office attached to the criminal investigation organs using interpreters and translators under the conditions laid down by the code of criminal procedure or the code of civil procedure, where appropriate, as well as by law No. 189/2003 on international judicial assistance in civil and commercial matters, by law No. 302/2004 on international judicial cooperation in criminal matters and the international treaties ratified by Romania.
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Alin. (2) of article 9. 1 was amended by paragraph 2 of article 9. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which amended section 1 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.

(3) public notary Offices using interpreters and translators under the conditions established by the law on notaries public and notarial activity no. 36/1995.
  

(4) Advocates can engage and use interpreters and translators in order to exercise the profession, according to the law.
  


Article 2 the activity of interpreter and translator for the Superior Council of Magistracy, Ministry of Justice, the courts, the public prosecutor's Office attached to the courts, law enforcement agencies, criminal investigation, public notary offices, for lawyers and bailiffs are made by qualified people into the profession and approved by the Ministry of Justice.
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Art. 2 was amended by section 3 of article 9. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which complements art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, with 1 ^ 1.


Article 3 *) Authorization as an interpreter and translator, who can perform translations for the bodies referred to in article 1. 1, it acquires, on request, to the person who fulfills the following conditions simultaneously: — — — — — — — — — — — — — the introductory part of article 3. 3 amended by art. II of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, by replacing the term "translator and/or interpreter" with the expression "translator and interpreter".

the Romanian citizen) is a national of a Member State of the European Union, of the European Economic area or the Swiss Confederation;
  

— — — — — — — — — — — — —-a) of article 1. 3 was amended by section 1 of article. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

b) repealed;
  

— — — — — — — — — — — — — — b) of art. 3 has been repealed by section 2 of art. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

c) is certified by the Ministry of culture as a translator for specialty legal science, Romanian language in foreign language for requesting authorization from the foreign language and the Romanian language;
  

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Lit. c) art. 3 was amended by paragraph 2 of article 9. 1 of law No. 76 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016.

d) repealed;
  

— — — — — — — — — — — — — — d) article. 3 has been repealed by section 3 of article 9. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.

e) is apt on medical grounds;
  

f) does not have a criminal record.
  

— — — — — — — — — — — — — — the letter f) of art. 3 was amended by section 1 of article. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.
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Art. 3 was amended by paragraph 2 of article 9. 1 of law No. 281 of 23 June 2004, published in Official Gazette No. 589 of 1 July 2004.


Article 3 ^ 1 (1) nationals of Member States of the European Union or European Economic area belonging to the times you Swiss Confederation can carry out an interpreter and translator for the bodies referred to in article 1. 1, in compliance with the provisions of the present law, the authorization or in making arrangements.
  

(2) nationals of Member States of the European Union or European Economic area belonging to the times you Swiss Confederation may be authorised as interpreters and translators under the same conditions as Romanian citizens, thus proving the fulfilment of the conditions laid down in article 21. 3 (a). e) and (f)) and the documents issued/awarded by the authorities of the Member State of origin or provenance.
  

— — — — — — — — —-. (2) of article 9. 3 ^ 1 was amended by section 3 of article 9. 1 of law No. 76 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016.

(3) the authorisation Procedure does not apply to the citizen of a Member State of the European Union or European Economic area belonging to the times of the Swiss Confederation, established in Romania, which is authorized as an interpreter and translator in specialty legal science by the competent authority of the Member State of origin or provenance.
  

(4) a citizen of a Member State of the European Union or European Economic area belonging to the times of the Swiss Confederation, permitted in legal and social sciences specialty which is lawfully pursuing the profession in the Member State of origin or of provenance, may provide a temporary or occasional basis on the territory of Romania, the specific activities of the profession of interpreter or translator, without carrying out the procedure and the conditions for authorisation laid down in article 21. 3. (5) in the cases referred to in paragraph 1. (3) and (4), for the exercise of the profession is not required to prove knowledge of the official language of the State whose citizen is the alien.
  

(6) for the purposes mentioned in paragraph 1. (3) and (4), the Ministry of Justice recognises certificates or similar documents that attest to the quality of interpreter and sworn translator in specialty legal science, issued/awarded by the competent authorities of the country of origin or provenance.
  

(7) the persons referred to in paragraph 1. (1) it must have knowledge of the Romanian language necessary for the exercise of the profession, whose proof is done with acts that have completed a form of education in Romanian language or with certificates of language proficiency.
  

(8) where it is necessary to check the documents submitted for authorization, this may be achieved through an information System within the framework of the internal market, in accordance with the law.
  

(9) the provisions of this article shall complement the provisions of law No. 200/2004 concerning the recognition of diplomas and professional qualifications for regulated professions from Romania, with subsequent amendments and additions.
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Art. 3 ^ 1 was amended by section 3 of article 9. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.


Article 4 (1) the application for authorisation as an interpreter and translator to be used by the bodies referred to in article 1. 1 is addressed to the Ministry of Justice and will be accompanied by the documents relating to the fulfilment of the conditions laid down in article 21. 3. (2) the authorization shall be granted by order of the Minister of justice no later than 30 calendar days from the date of the submission by the applicant of all the documents that prove the fulfilment of the legal conditions for authorisation.
  

(3) the time limit referred to in paragraph 1. (2) may be extended once only, with no more than 15 calendar days. Validity of documents originally filed is not affected by this extension. The extension of recognition and the duration of this extension must be duly justified and notified to the applicant before the expiry of the period initially.
  

(4) where the applicant does not meet the conditions laid down by law, regulation or request made by the latter is not accompanied by supporting documents, the Ministry of Justice, through the direction of the party concerned, shall be communicated by the refusal of authorisation or, where appropriate, the need to supplement the evidence required by law. Refusal of authorisation shall properly.
  


(5) decision of refusal or withdrawal of authorization may be translator interpreter times appealed at the court competent according to the law.
  

(6) the form and content of the authorisation will be established by order of the Minister of Justice.
  

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Art. 4 was amended by paragraph 4 of art. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.


Article 5 (1) the Ministry of Justice prepares the lists of authorized translators and interpreters, as well as those referred to in article 1. 6 1 para. (4) on the Superior Council of Magistracy, the High Court of Cassation and justice, the Prosecutor's Office attached to the High Court of Cassation and justice, the National Anti-corruption Prosecutor's Office and courts of appeal.
  

(2) the Prosecutor's Office attached to the High Court of Cassation and justice shall communicate the lists of interpreters and translators of the authorized prosecutor from subordinates.
  

(3) the Court of appeal, will pass on those lists of the courts and the courts from their constituencies.
  

(4) the lists shall also communicate to the MOAI, the National Union of notaries public, the National Union of bars in Romania and the National Union of Bailiffs, they will be made, where appropriate, criminal investigation bodies, offices subordinated public notaries, lawyers and bar associations of bailiff offices.
  

(5) the Updating of the lists referred to in paragraph 1. (1) to (4) shall be made at regular intervals, depending on the approval of new people or ceasing of sworn translator interpreter times.
  

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Art. 5 was amended by section 5 of art. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which complements art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, with 4 ^ 1.


Article 5 ^ 1 (1) the quality of interpreter and sworn translator, acquired under this Act may be suspended by order of the Minister of Justice, at the request of the translator or interpreter and ex officio: a) for reasons duly justified, only at the request of the interpreter and translator authorised;
  

b) in the case of pre-trial detention to the interpreter and translator, until termination of the measure;
  

c) in the case of arrest at home of the interpreter and translator, until termination of the measure.
  

(2) in the cases referred to in paragraph 1. (1) (a). b) and (c)), judicial body which ordered the measure is required to communicate to the Ministry of Justice, procedural act immediately through which it was ordered, it was maintained or extended so far as pre-trial detention or arrest at home of an interpreter and sworn translator.
  

(3) the order of the Minister of Justice to suspend the quality of interpreter and authorized translator can be attacked at the court competent according to the law.
  

(4) the termination of the suspension of the quality of interpreter and sworn translator shall be by order of the Minister of Justice, at the request of the interpreter and translator authorised or ex officio, if the circumstances that have disappeared. The provisions of paragraphs 1 and 2. (3) shall apply accordingly.
  

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Art. 5 ^ 1 was introduced by paragraph 4 of art. 1 of law No. 76 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016.


Article 6 (1) Authorization as an interpreter and translator, gained under the present law, shall lapse in the following cases: — — — — — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. 6th amended by art. II of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, by replacing the term "translator and/or interpreter" with the expression "translator and interpreter".

the) on request;
  

b) if the person concerned no longer satisfies one of the conditions laid down in article 21. (3);
  

b ^ 1) for lack or collapse exercise capacity;
— — — — — — — — — — — — — — b ^ 1) para. (1) of article 1. 6 was introduced by section 5 of art. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

c) where he was convicted by a final judgment for committing an offence with intent to in connection with the exercise of the profession;
  

— — — — — — — — — — — — — — c) of paragraph 1. (1) of article 1. 6 was amended by section 5 of art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.

d) for professional incapacity, the beneficiary is notified in writing;
  

e) for two unwarranted denials, within one year, to provide the required services;
  

— — — — — — — — — — — — —-e) of paragraph 1. (1) of article 1. 6 was amended by section 6 of article. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which complements art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, with point 5 ^ 1.

f) death.
  

(2) the existence in cases covered by paragraph 1. (1) it shall be verified by the Ministry of Justice, by order of the Minister of Justice and shall be communicated to the person concerned, except as provided for in subparagraph (a). f). (3) referral to the Ministry of Justice will be done for cases referred to in paragraph 1. (1) (a). b) b ^ 1), c), (e) and (f))) by the bodies referred to in article 1. 1, as well as any other interested person.
  

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Alin. (3) art. 6 was introduced by paragraph 6 of article 19. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

(4) within 30 days from the date of final judgment whether the conviction of translator and interpreter for committing an offence with intent to in connection with the exercise of the legal profession, the Court has the obligation to transmit to the Ministry of Justice certified copy of the original of the judgment.
  

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Alin. (4) article. 6 was introduced by paragraph 6 of article 19. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.
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Art. 6 was amended by paragraph 4 of art. 1 of law No. 281 of 23 June 2004, published in Official Gazette No. 589 of 1 July 2004.


Article 6 ^ 1 (1) Interpreters and translators authorized under this law shall be obliged to request, within 60 days from the date of authorisation, the court filing in which reside in the constituency.
  

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Alin. (1) of article 1. 6 ^ 1 was amended by section 6 of article. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which complements art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, with point 5 ^ 2.
(1 ^ 1) Interpreters and translators authorized under this law are required to notify the issuer of the authorization within 30 days of taking informed, any changes in their circumstances in connection with which the conditions for authorisation are no longer fulfilled.
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Alin. (1 ^ 1), art. 6 ^ 1 was introduced by point 7 of article. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

(2) where the interpreters and the translators changed its name, domicile, residence or telephone number, have the obligation to bring to their attention the situation within 60 days from the date of the amendment, the Ministry of Justice and the Court of first instance where you are taking.
  

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Alin. (2) of article 9. 6 ^ 1 was amended by section 6 of article. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which complements art. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, with point 5 ^ 2.

(3) up to the date of completion of the obligations referred to in paragraph 1. (1) to (2), interpreters and translators may not carry on the activity covered by this law.
  

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Alin. (3) art. 6 ^ 1 was amended by section 8 of article. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

(4) the citizens of Member States of the European Union or of the European Economic area which belongs to the Swiss Confederation, the times referred to in art. 3 ^ 1 (1). (3) and (4) to provide activity of interpreter and translator, under the present law, shall be, upon request, in the direction of the records of the Ministry of Justice and, if applicable, the Court in whose district they are established.
  

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Alin. (4) article. 6 ^ 1 was amended by section 8 of article. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.
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Art. 6 ^ 1 was modified by art. II of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005, by replacing the term "translator and/or interpreter" with the expression "translator and interpreter".


Article 6 ^ 2 Interpreters and translators are required to comply with authorized the confidentiality of the facts, information and documents upon which acquire knowledge in the exercise of their activity, both during the possession, and after its termination, unless the law or the interested party shall issue of confidentiality of this obligation.
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Art. 6 ^ 2 was introduced by section 5 of art. 1 of law No. 76 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016.


Article 7


(1) payment Rates for interpreters and translators used by the bodies referred to in article 1. 1 to be determined and will be indexed annually according to inflation index, by order of the Minister of Justice and the Minister of public finances. Tariffs for pay performers may not be less than 200,000 lei per hour.
  

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Alin. (1) of article 1. 7 has been amended point 7 of article. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which amended section 6 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.

(2) Fees of translators and interpreters use referred to in article bodies. 1 will be established by order or termination of appointment of the translator and interpreter, in accordance with the provisions of the code of criminal procedure or contract for the provision of civil service law.
  

(3) the rates referred to in paragraph 1. (1) will increase as follows: a) 50% for translations from or into an Eastern language (Japanese, Chinese, etc.) or rarely used;
  

b) 50% for translations carried out urgently (24-48 hours);
  

100% c) for translations carried out simultaneously to the helmet, the courts, the criminal investigation bodies and the Prosecutor's offices;
  

— — — — — — — — — — — — — — c) of paragraph 1. (3) art. 7 was amended by section 8 of article. 1 of law No. 110 of 3 May 2005, published in Official Gazette No. 410 of 16 May 2005, which amended section 6 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.

d) with 100% when the interpreters and the translators will be ask the weekly rest days, public holidays or other days where, suitable legal provisions, is not working as well for benefits made between the hours of 22.00-6,00.
  

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Art. 7 was amended by section 6 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.


Article 8 Repealed.
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Art. 8 was repealed by point 7 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.


Article 9 Repealed.
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Art. 9 was repealed by point 7 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.


Article 10 (1) Interpreters and translators who are moving to another locality than home for the works required by the courts, the public prosecutor's Office attached to the criminal investigation organs, shall be entitled to reimbursement of costs of transport, housing, and other necessary expenses under the provisions of the code of criminal procedure.
  

(2) the interpreters and translators that moving to another locality than home for the works required by the Ministry of Justice, receive travel expenses, accommodation and daily allowance according to the applicable legal provisions in the budget.
  


Article 11 the rates laid down in this law are gross and taxable according to the law.


Article 12 Repealed.
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Art. 12 was repealed by point 7 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.


Article 13 the Ministry of Justice shall adopt its rules of application of this law within 30 days after the date of entry into force.


Article 14 pending authorisation, according to this law, interpreters and translators of the request of the institutions. 1 can I still carry on this activity, provided that the provisions of article 7. 3. Article 15 (1) in cases where there are no interpreters and translators according to this law, in order to ensure the exercise of the rights and duties recognized by law enforcement bodies referred to in article 1. 1 can I use trusted persons who know the languages and the translation and/or interpretation and use them regularly or professionally.
  

(2) payment for interpreter and translator made by those referred to in paragraph 1. (1) shall be made under the conditions laid down in this law for interpreters and translators.
  

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Art. 15 was introduced by article in EMERGENCY ORDINANCE No. 80 of 14 July 2005, published in Official Gazette No. 629 of 19 July 2005.


Article 16 the provisions of this law shall be completed in respect of procedures and formalities relating to the recognition and exercise of the profession of translator and interpreter, with the provisions of Government Emergency Ordinance nr. 49/2009 concerning the freedom of establishment of service providers and the freedom to provide services in Romania.
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Art. 16 was introduced by point 9 of article. 1 of ORDINANCE No. 13 of 29 January 2010, published in MONITORUL OFICIAL nr. 70 of 30 January 2010.

This law was adopted by the Chamber of deputies at its meeting on 14 October 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.

p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES, this law was adopted by the Senate at its meeting of 16 October 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.

p. RADU VASILE, SENATE CHAIRMAN Annex Repealed — — — — — — — — — — — — — — Annex has been repealed by section 8 of article. 1 of ORDINANCE No. 11 of 21 January 2005, published in Official Gazette No. 98 of 28 January 2005.
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