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Law No. 20 Of January 15, 1999 Approving Government Emergency Ordinance Nr. 24/1998 On Deprived Areas Scheme

Original Language Title:  LEGE nr. 20 din 15 ianuarie 1999 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 24/1998 privind regimul zonelor defavorizate

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LEGE no. 20 20 of 15 January 1999 for approval Government Emergency Ordinance no. 24/1998 on the disadvantaged areas
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 12 12 of 19 January 1999



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 24 24 of 30 September 1998 on the regime of disadvantaged areas, published in the Official Gazette of Romania, Part I, no. 378 of 2 October 1998, with the following amendments and additions: 1. Article 1 shall read as follows: "" Art. 1. -(1) The disadvantaged areas, within the meaning of this emergency ordinance, represent geographical areas, strictly territorial delimitation, which meet at least one of the following conditions: a) have mono-industrial productive structures that, in the activity of the area, mobilize more than 50% of the employed population; b) are mining areas where staff have been made redundant, more than 25%, through collective redundancies; c) collective redundancies were carried out following the liquidation, restructuring or privatization of some economic agents, which affected more than 25% of the number of employees residing in that area; d) the unemployment rate exceeds the national average by 30%; e) are isolated areas devoid of means of communication and infrastructure is poorly developed. (2) A disadvantaged area, delimited according to par. ((1), may belong to one or more administrative-territorial units. " 2. in Article 2, paragraphs 2 and 3 shall be inserted, with the following contents: " (2) If the geographical area of a disadvantaged area belongs to two or more administrative-territorial units, the proposal for establishment, documentation and opinions shall be made by the competent bodies, according to par. (1), from the respective administrative-territorial units, under the leadership of the National Agency for Regional Development. (3) In the case of disadvantaged areas belonging to two or more administrative-territorial units, the respective economic agents will transmit the data provided in par. (1) to the National Agency for Regional Development. " 3. Article 3 shall read as follows: "" Art. 3. -The declaration and delimitation of disadvantaged areas shall be made by Government decision, at the proposal of the National Council for Regional Development. " 4. After Article 3, insert Article 3 ^ 1 with the following contents: "" Art. 3 3 ^ 1. -By the Government's decision declaring the disadvantaged area is approved: a) the period for which a geographical area is declared a disadvantaged area within the meaning of this emergency ordinance; b) areas of interest for the realization of investments; c) the necessary financing and the facilities provided by the law to be granted to economic agents who carry out investments. " 5. Article 4 shall read as follows: "" Art. 4. -A geographical area may be declared a disadvantaged area for a period of at least 3 years, but not more than 10 years, with the possibility of extension, under the conditions of this emergency ordinance. " 6. Article 5 shall read as follows: "" Art. 5. -(1) Commercial companies with majority private capital, Romanian legal entities, as well as private entrepreneurs or family associations, authorized according to Decree-Law no. 54/1990 on the organization and conduct of economic activities on the basis of free initiative, which are based and operate in the disadvantaged area, benefit for the new investments-created by the following facilities: a) exemption from payment: -customs duties and value added tax on machinery, machinery, installations, equipment, means of transport, other depreciable goods which are imported for investment in the area; -value added tax for machinery, equipment, installations, equipment, means of transport, other depreciable goods produced in the country in order to carry out and carry out investments in the area; b) refund of customs duties on raw materials, spare parts and/or imported components necessary for the production of own production in the area. The restitution of the amounts will be made on the basis of the approval by the regional development agencies of the documents certifying the valorization of the production The amounts necessary for the refund to the economic agents in the area of the customs duties paid by them will be made available to the Regional Development Agency of the Regional Development Fund. In the case of disadvantaged areas belonging to two or more administrative-territorial units, the amounts necessary for the refund to economic agents in the disadvantaged area of customs duties paid by them will be made available by the Agency National Regional Development Fund for Regional Development; c) exemption from corporation tax, for the duration of the deprived area; d) exemption from the payment of fees charged for the modification of the destination or the removal from the agricultural circuit of land intended for the realization of e) the granting, as a priority, from the Special Development Fund at the disposal of the Government, constituted according to Government Emergency Ordinance no. 59/1997 regarding the destination of the amounts collected by the State Property Fund in the process of privatization of companies to which the state is a shareholder, of amounts for: -stimulating the export activity of finished products and/or industrial services, as the case may be; -guaranteeing external credits, within an annual ceiling set by the Ministry of Finance; -financing of special programs, approved by Government decision; -financing of investment projects of companies by co-participation of the state in the share capital. (2) The granting of the facilities and financing provided in par. ((1) lit. e) is established by Government decision. " 7. Article 8 (1) shall become Article 5 ^ 1 with the following contents: "" Art. 5 5 ^ 1. -If an investment benefiting from the provisions of this emergency ordinance is voluntarily liquidated in a period less than double the period in which it enjoyed the facilities granted by the Government's decision establishing of the disadvantaged area, the liquidator/liquidators has/have the obligation that from the amounts resulting from the liquidation to pay with priority to the state budget, the state social insurance budget and the budgets of special funds granted in accordance with the provisions of this emergency ordinance. " 8. Article 6 shall be repealed. 9. Article 7 shall read as follows: "" Art. 7. -The facilities provided for by this emergency ordinance are granted for commercial companies, Romanian legal entities with majority private capital, as well as for private entrepreneurs or family associations, authorized according to Decree-Law no. 54/1990, which have their registered office and operate in this area, if through the investment made new jobs are created for the unoccupied workforce or for their family members who reside in the disadvantaged area. " 10. Article 8 shall read as follows: "" Art. 8. -Companies established in a disadvantaged area can voluntarily cease their activity in that area, and those that open branches with legal personality in such an area can abolish or change their headquarters in the area. disadvantaged, in a shorter period than that provided for in art. 5 ^ 1, only under the sanction of paying the amounts due to the state budget, the state social insurance budget and the budgets of special funds, related to the facilities granted in accordance with the provisions of this emergency ordinance. " 11. in Article 10 the letters e) and f) shall be inserted, with the following contents: "" e) develop rules and regulate the activities within the area for the duration of its existence; f) periodically informs the National Council for Regional Development about activities in the area. " 12. in Article 10, paragraph 2 is inserted as follows: "(2) In the case of disadvantaged areas related to two or more administrative-territorial units, their specific administration will be carried out by the National Agency for Regional Development." 13. Article 11 shall read as follows: "" Art. 11. -(1) The total or partial use of the amounts allocated from the Regional Development Fund for development projects within the disadvantaged areas, without respecting the destination and the deadlines for which the beneficiaries were granted, shall be finds by the competent control bodies, according to the law. (2) The amounts referred to in par. (1) shall be returned in double amount, within 60 days from the finding by the control bodies of the change of destination of the funds, a period in which the insurer seizure is established, as a matter of urgency, in favour of the development agency regional. " 14. Article 12 shall read as follows: "" Art. 12. -Failure to comply with the provisions of this emergency ordinance shall entail administrative, civil or criminal liability, as appropriate, under the conditions of this emergency ordinance. " + Article 2 Government Emergency Ordinance no. 24/1998 on the regime of disadvantaged areas, as amended by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of December 28, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN This law was adopted by the Senate at the meeting of December 28, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, CRISTIAN DUMITRESCU --------------