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Law No. 132 Of 20 July 1999 On The Establishment, Organization And Functioning Of The National Council For Vocational Training Of Adults

Original Language Title:  LEGE nr. 132 din 20 iulie 1999 privind înfiinţarea, organizarea şi funcţionarea Consiliului Naţional de Formare Profesională a Adulţilor

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LEGE no. 132 132 of 20 July 1999 (** republished) (* updated *) on the establishment, organisation and functioning of the National Council of Qualifications and the Adult Vocational Training * **) ((updated until 22 June 2011 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. IV of Law no. 253/2003 to amend and supplement Law no. 132/1999 on the establishment, organization and functioning of the National Council for Professional Training of Adults, published in the Official Gazette of Romania, Part I, no. 429 of 18 June 2003, giving the texts a new numbering.
Law no. 132/1999 on the establishment, organization and functioning of the National Council for Professional Training of Adults was published in the Official Gazette of Romania, Part I, no. 348 348 of 23 July 1999 and has been amended and supplemented by Law no. 253/2003 .
---------- ***) The title of the law was amended by item 1 1 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. + Article 1 The National Council of Qualifications and the Professional Training of Adults, an autonomous administrative authority, with legal personality, having its headquarters in Bucharest, Walter Maracineanu Square no. 1-3, Sector 1. + Article 2 The National Council of Qualifications and the Professional Training of Adults is constituted and operates in tripartite system and has representatives of central public administration, trade union organizations and employers ' associations. representative at national level. + Article 3 (1) The National Council of Qualifications and the Adult Professional Training has an advisory role in the foundation and promotion of adult vocational training policies and strategies. (2) The National Council of Qualifications and the Professional Training of Adults shall coordinate and control at national level the following activities: a) the authorization of vocational training providers, through the county authorization commissions, respectively of the city of Bucharest; b) development of occupational standards; c) the evaluation and certification of professional skills acquired by adults through continuous professional training. (3) The National Council of Qualifications and the Professional Training of Adults shall perform the role of national authority for qualifications. ----------- Alin. ((3) of art. 3 3 has been introduced by section 1 1 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. + Article 4 (1) The National Council of Qualifications and the Adult Professional Training has the following main tasks: a) endorse, in order to fulfill the advisory role provided in art. 3 3 para. (1), draft normative acts aimed at the professional training of adults; ----------- Letter a) a par. ((1) of art. 4 4 has been amended by section 4.2 2 2 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. b) collaborate in order to achieve its object of activity with ministries and other specialized bodies of the central public administration, with autonomous administrative authorities, with national and international non-governmental organizations, with vocational training providers and other public institutions; c) participate in national and international projects and programs in the field of adult vocational training; d) participate in the elaboration of the criteria and procedures for the evaluation of adult vocational training providers, regulations, methodologies and working instructions for the authorization commissions of the professional training providers of the adults, their technical secretariats and the examination committees; e) sets tariffs for technical assistance services for the development, verification and approval of occupational standards and training, evaluation, technical assistance and authorization services of professional competence assessment centres; f) prepares and updates the National Register of authorized adult vocational training providers; g) develop specific criteria and uniform procedures for the realization and use of occupational standards; h) approves new occupational standards and updates existing ones, according to developments in the labor market; i) develop the methodology for evaluating and certifying the professional skills of adults based on occupational standards, which will be approved by joint order of the Minister of Labour, Family and Social Protection and the Minister of Education, research, youth and sport; j) print and manage certificates of professional competence, issued by approved assessment centres to persons requesting to be evaluated; k) authorizes professional skills assessment centres and certifies professional competence assessors, internal verifiers and external verifiers; ----------- Letter k) a par. ((1) of art. 4 4 has been amended by section 4.2 2 2 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. l) develop data banks that include occupational standards, authorised assessment centres and certificates of professional competence; m) performs training, knowledge transfer and technical assistance in its field of activity. n) develop and implement the methodologies on occupational analysis; ----------- Point n) of par. ((1) of art. 4 4 was introduced by section 4.2. 3 3 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. o) develop and implement the qualifications methodologies; ----------- Letter o) a par. ((1) of art. 4 4 was introduced by section 4.2. 3 3 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. p) develops and implements the methodologies on the validation of qualifications; ----------- Letter p) a par. ((1) of art. 4 4 was introduced by section 4.2. 3 3 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. r) develops and implements the methodologies for the certification of professional skills and qualifications; ----------- Letter r) a par. ((1) of art. 4 4 was introduced by section 4.2. 3 3 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. s) develop and update the National Register of Qualifications; ----------- Letter s) a par. ((1) of art. 4 4 was introduced by section 4.2. 3 3 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. s) supports the establishment of sectoral committees and coordinates their work. ----------- Letter s) a par. ((1) of art. 4 4 was introduced by section 4.2. 3 3 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. (1 ^ 1) The main role of the sectoral committees is to develop, update and validate qualifications, through the participation of the social partners, at the level of the activity sectors. ----------- Alin. ((1 ^ 1) of art. 4 4 has been introduced by section 4 4 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. (2) The National Council of Qualifications and the Professional Training of Adults shall exercise other duties in its field of activity, which shall be established, under the law, by the regulation of organization and functioning. (3) The ways of carrying out the tasks provided in par. (1) shall be established by the Regulation on the organization and functioning of the National Council of Qualifications and the Professional Training of Adults. (4) In the exercise of its tasks, the National Council of Qualifications and the Professional Training of Adults may require public authorities and institutions for information, statistical data and studies developed in the field of vocational training, and they have the obligation to make them available to them. + Article 4 ^ 1 The sectoral committees are social dialogue institutions of public utility, with legal personality, organized on the basis of this law at the level of the branches of activity defined by the collective collective agreement at national level in force. At the level of a branch of activity, a single sectoral committee may be constituted. ----------- Article 4 ^ 1 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 2 (1) For the establishment of a sectoral committee, the association agreement of at least two organizations, one employers and one trade union, of a federative and representative type at the level of the same branch, according to the law, for which it is established that committee. By way of exception, where the employer is a ministry, for the establishment of a sectoral committee the association agreement of at least one representative trade union organization at the branch and ministry level, respectively of the authority of regulation that has the role of employer. (2) The national trade union and employers 'confederations may designate a single trade union federation, respectively a single non-representative employers' federation, signatory to the collective agreement at branch level, in order to participate in the establishment of the sectoral committee of the branch concerned. (3) The composition of the sectoral committee may also include representatives of professional associations in the respective branch of activity. (4) For the acquisition of legal personality according to this law, the person empowered for this purpose by the sectoral committee shall submit to the Bucharest Court the following acts: a) application for the application of the sectoral committee as a legal person of public utility; b) copy of the civil sentence of establishment of the employers ' federation at branch level, respectively of the trade union federation; c) copy of the civil sentence of valid representativeness of the organizations provided in lett. b) who have acquired their representativeness at the level of the branch for which the sectoral committee is constituted or the proof of affiliation to a representative trade union/employers ' confederation at national level, for the situation provided in par. ((2); d) the constitutive act of the sectoral committee; e) the status of the sectoral committee, signed by its constituents, which must contain at least the following: the identification data of the constituents, the name, the establishment, the association agreement for the establishment, the duration of operation, the structure and duties of the management, administration and control bodies of the sectoral committee-modalities of election and revocation, the purpose and objectives, rights and obligations of the members of the sectoral committee as well as provisions related to splitting, merging or winding up; f) the opinion of the National Council of Qualifications and the Adult Vocational Training for its establishment; g) proof of the existence of the original headquarters and heritage h) the court decision establishing the sectoral committee on the basis of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , as amended, if it exists. ----------- Article 4 ^ 2 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 3 (1) The Bucharest Court, upon receipt of the application for registration, no later than 5 days after its registration, shall examine and ensure: a) if the documents provided for in art. 4 ^ 2 para. ((4); b) if the constitutive act and the status of the sectoral committee are in conformity with the legal provisions c) there is no registration in the special register provided for in art. 4 ^ 5 of another sectoral committee in the same branch of activity. (2) If it finds that the legal requirements for the constitution of the sectoral committee are not met, the president of the court shall quote the authorized person, provided for in art. 4 ^ 2 para. ((4), to which it requests, in writing, to remedy the irregularities found, within no more than 7 days. ((3) If the requirements referred to in par. (1), the court will proceed with the settlement of the application within 10 days, with the citation of the authorized person. (. The court shall give a reasoned decision on the admission or rejection of the application. (5) The decision of the tribunal shall be communicated to the signatory of the application for registration, no later than 5 days after the ruling. ----------- Article 4 ^ 3 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 4 (. The judgment of the tribunal shall be subject only to appeal. (2) The term of appeal is 15 days and flows from the communication of the judgment. ((. The appeal shall be adjudicated with the summoning of the authorized person of the sectoral committee within 45 days. The appellate court shall render the decision and return the file to the tribunal within 5 days of the ruling. ----------- Article 4 ^ 4 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 5 (1) The Tribunal shall keep a special register, in which it shall be entered: the name and seat of the sectoral committee, the date of registration, and the number and date of the final and irrevocable court decision of admission of the application for registration. ((2) Registration in the special register provided in par. ((1) shall be made ex officio, within 7 days from the date of final and irrevocable stay of the court decision. ----------- Article 4 ^ 5 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 6 The sectoral committee shall acquire legal personality from the date of registration in the special register provided for in art. 4 ^ 5 of the final and irrevocable court order of admission of the application. ----------- Article 4 ^ 6 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 7 The original of the minutes of constitution and of the statute, which the tribunal certifies the registration, together with one copy of the other documents submitted, shall be returned to the sectoral committee, and the second copy of all the acts provided for in art. 4 ^ 2 para. (4), in copies certified by the person empowered and concerned by the court, shall be kept in its archive. ----------- Article 4 ^ 7 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 8 (1) The sectoral committee shall be obliged to bring to the attention of the tribunal where there has been, within 30 days, any subsequent amendment of the statute, as well as any change in the composition of the management body. (2) For the approval of the amendment of the statute, the provisions of art. 4 ^ 2-4 ^ 7. (3) The Tribunal shall mention in the special register provided in art. 4 ^ 5 changes in the status, as well as changes in the composition of the management body of the sectoral committee. ----------- Article 4 ^ 8 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 9 The court proceedings for the acquisition of the legal personality by the sectoral committees as well as the subsequent acts shall be exempt from the stamp duty. ----------- Article 4 ^ 9 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 10 Any other employers ' federation or any branch-level representative trade union, established under the law, which expresses its wish to do so, may become a member of law of the sectoral committee already established, in so far as provide proof of representativeness valid in the branch in which the committee is set up and for which it requests affiliation The same right benefits the non-representative trade union/employers ' federations, provided that the status and provisions of art. 4 ^ 2 para. ((2). ----------- Article 4 ^ 10 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 11 The main tasks of the sectoral committees are: a) participate in the development of national and sectoral strategies in the field of training b) participate in the development of the normative framework on skills training, evaluation and certification; c) support the promotion of the skills training and evaluation system; d) participate in the development and updating, under the coordination of the National Council of Qualifications and the Professional Training of Adults, of the qualifications related to the sectors to which they belong; e) validate qualifications and standards associated with qualifications, with the exception of those acquired through higher education; f) recommends specialists on occupational fields for the realization of occupational analysis, for the definition of skills and qualifications and for the elaboration and validation of occupational standards, for the verification and validation of standards of professional training, as well as for evaluation and certification on the basis of standards and endorses the work carried out by them; g) encourages and stimulates the participation of organizations and individuals in continuing vocational training and vocational and technical education; h) collaborate, in order to achieve their object of activity, with ministries and other specialized bodies of the central public administration, with autonomous administrative authorities, with national and international non-governmental organizations, with vocational training providers and other public institutions; i) provide the social partners with consultancy in the field of employment and vocational training; j) carry out occupational analyses and studies on labour demand for the represented branch; k) provide advisory opinion to applicants in order to update the Classification of Occupations in Romania; l) propose to the vocational training providers the qualifications and competences associated with them, as well as to match the qualifications with the occupations that can be practiced; m) establish by its own status other activities in the interest of the branch of activity they represent. ----------- Article 4 ^ 11 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 4 ^ 12 The financing of the sectoral committees shall be a) from the state budget, to cover the expenses related to the operation of the technical secretariat, from the budget of the Ministry of Education, Research, Youth and Sports, through the budget of the Executive Unit of the National Council of Qualifications and of the Adult Professional Training (UECNCFPA), which becomes the secondary authorising officer of the budget, as a financing authority following the signing of a financing contract; the number of posts related to the technical secretariats of the sectoral committees is of two persons; b) of revenues made by providing validation services of occupational standards and associated qualifications, activities financed by the Ministry of Education, Research, Youth and Sports, based on tariffs established by the Council National of Qualifications and Adult Vocational Training, on the proposal of the UECNCFPA; c) of incomes made by the provision of qualification validation services and professional training standards, activities financed by the Ministry of Education, Research, Youth and Sports, based on tariffs established by the Council National Qualifications and Adult Vocational Training (CNCFPA), on the proposal of the UECNCFPA; d) of own income that can be constituted by the income made by the benefits made to third parties; e) of other income through programs; f) from donations and/or sponsorships. ----------- Article 4 ^ 12 has been amended by section 4. 2 2 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. + Article 4 ^ 13 The status of public utility gives the sectoral committees the following rights and obligations: a) the right to be assigned to free use public property; b) the right to mention in all the documents they draw up the quality of public utility; c) the obligation to transmit to the CNCFPA and UECNCFPA the activity reports and the annual financial statements; ----------- Lit. c) of art. 4 ^ 13 was amended by section 4.2. 3 3 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. d) the obligation to communicate, in extract, to the Ministry of Justice and Citizen Freedoms, within 3 months from the end of the calendar year, copies of the activity reports and of the annual financial statements, accompanied by the proof issued by The Autonomous Direction "Official Gazette" for the request of their publication and in the Official Gazette of Romania, Part IV; e) the obligation to register in the accounting records of the sectoral committees, separately, the goods purchased or built from public money. In the event of the dissolution of a sectoral committee, the goods from budgetary resources and left after the liquidation will be distributed, by Government decision, to other sectoral committees or to public institutions with the same object of activity. ----------- Article 4 ^ 13 was introduced in this form of subsection. 1 1 of section 3 3 of the single article of LAW no. 268 268 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009, amending art. 3 of EMERGENCY ORDINANCE no. 28 28 of 18 March 2009 , published in MONITORUL OFFICIAL no. 186 186 of 25 March 2009. + Article 5 The Ministry of Labour, Family and Social Protection and the Ministry of Education, Research and Innovation exercise control over how adult vocational training is organized and conducted, according to Government Ordinance no. 129/2000 on the professional training of adults, republished in the Official Gazette of Romania, Part I, no. 711 711 of 30 September 2002. + Article 6 Within the National Council of Qualifications and the Professional Training of Adults, an economic-administrative compartment is established, in order to ensure the functionality of the CNCFPA. ----------- Article 6 has been amended by section 6. 4 4 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. + Article 7 (1) The National Council of Qualifications and the Professional Training of Adults is made up of 15 members, as follows: a) 5 members appointed by decision of the Prime Minister, at the proposal of the Minister of Labour, Family and Social Protection and the Minister of Education, Research, Youth and Sports; b) 5 members appointed by consensus of representative employers ' associations at national level; c) 5 members appointed by consensus of representative trade union organizations at national level. (2) They are representative at national level trade union organizations and employers ' associations that meet the conditions provided by law. + Article 8 In the National Council of Qualifications and the Professional Training of Adults, the person who cumulatively meets the following conditions can be designated: a) has Romanian citizenship and domicile in Romania; b) has an exercise capacity; c) did not suffer convictions for crimes committed with intent. + Article 9 (1) The mandate of the members of the National Council of Qualifications and of the Professional Training of Adults is 4 years, a mandate that can be renewed. (2) During their term of office the members of the National Council of Qualifications and the Professional Training of Adults may be revoked by those who appointed or appointed them, as the case may be. (3) In case of vacancy of places in the National Council of Qualifications and Adult Professional Training, as a result of resignation, revocation or death, other persons will be appointed or designated for the remainder of the term of office, in compliance with provisions of Article 7 7 para. ((1). + Article 10 (1) The National Council of Qualifications and the Professional Training of Adults is legally constituted on the date of entry into force of this Law and of the nomination of the 15 members under the conditions provided in art. 7. (2) The National Council of Qualifications and the Professional Training of Adults shall meet monthly or whenever necessary, at the request of the President or two thirds of the number of its members. (3) The National Council of Qualifications and the Professional Training of Adults shall operate only in the presence of at least two thirds of its members, provided that each party is represented. (4) The decisions of the National Council of Qualifications and of the Professional Training of Adults shall be adopted with the vote of at least two thirds of the members present, provided that each party is represented. (5) The members of the National Council of Qualifications and the Professional Training of Adults who attend the meetings of the council, with the exception of the President, shall receive a meeting allowance of 10% of the basic salary of the Director-General. The total amounts due monthly to a member of the National Council of Qualifications and the Adult Professional Training for participation in meetings may not exceed 20% of the basic salary of the Director-General. + Article 11 (1) The National Council of Qualifications and the Professional Training of Adults is led by a president. (2) The President is appointed from among the members of the National Council of Qualifications and the Adult Professional Training, by decision of the Prime Minister, on the joint proposal of the Minister of Labour, Family and Social Protection and the Minister education, research, youth and sport. (3) The appointment of the President shall be for a term of 4 years. (4) The tasks of the President shall be established by the Regulation on the organization and functioning of the National Council of Qualifications and the Professional Training of Adults. (5) The President represents the National Council of Qualifications and the Professional Training of Adults in relations with the Government, with Parliament and other legal entities. (6) For the work done by the President of the National Council of Qualifications and the Professional Training of Adults receives a monthly allowance representing 20% of the basic salary of the Director-General. (7) The President's mandate shall cease by resignation or by removal from office. (8) Revocation of the President shall be decided by the Prime Minister, on the joint proposal of the Minister of Labour, Family and Social Protection and the Minister of Education, Research, Youth and Sport. (9) In the event of unavailability or in other cases of impossibility of exercising the duties of the President for a period of no more than 60 days, the National Council of Qualifications and the Professional Training of Adults shall designate among its members a replacement, under the conditions established by the organization and functioning regulations. (10) The CNCFPA President is the authorising officer of the CNCFPA. ----------- Alin. ((10) of art. 11 11 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. + Article 12 (1) For the exercise of their duties, the National Council for Adult Vocational Training, which is reorganized under the name of the National Council of Qualifications and the Adult Professional Training (CNCFPA), is helped by UECNCFPA, the structure that is organized by merging the technical secretariat and the National Agency for the Qualifications of Higher Education and Partnership with the Economic and Social Environment. ----------- Alin. ((1) of art. 12 12 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. (2) The number of posts approved for UECNCFPA is 65, and the salary is made in accordance with the legal provisions applicable to budget staff paid from public funds. ----------- Alin. ((2) of art. 12 12 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. (3) The number of posts approved for the functioning of the economic and administrative department of the CNCFPA provided in art. 6 is 5 posts, and the salary is made in accordance with the legal provisions applicable to budget staff paid from public funds. The organizational structure of the CNCFPA is set out in the Annex to this Law. ----------- Alin. ((3) of art. 12 12 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. ----------- Article 12 has been amended by section 4.2. 1 1 of art. III of EMERGENCY ORDINANCE no. 74 74 of 30 June 2010 , published in MONITORUL OFFICIAL no. 448 448 of 1 July 2010. + Article 13 Repealed. ----------- Article 13 has been repealed by point (a) 2 2 of art. III of EMERGENCY ORDINANCE no. 74 74 of 30 June 2010 , published in MONITORUL OFFICIAL no. 448 448 of 1 July 2010. + Article 13 ^ 1 In the exercise of their duties, the National Council of Qualifications and the Professional Training of Adults uses, outside its own staff, specialists on occupational fields, internal verifiers and external verifiers. ----------- Article 13 ^ 1 was introduced by item 1. 6 6 of art. I of LAW no. 559 559 of 7 December 2004 , published in MONITORUL OFFICIAL no. 1.200 1.200 of 15 December 2004. + Article 14 (1) The financing of CNCFPA expenses shall be ensured from the state budget, through the budget of the Ministry of Education, Research, Youth and Sports, for the following expenses: a) personnel expenses; b) maintenance and operation expenses and capital expenditures; c) allowances of the President and members of the CNCFPA; d) transport, daytime and accommodation expenses, in the country and abroad, for CNCFPA members and for the staff of its economic-administrative compartment. ----------- Alin. ((1) of art. 14 14 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. (2) The financing of the expenses of the National Council of Qualifications and of the Professional Training of Adults also ensures from external sources, which come from projects with external financing, their management being regulated by law, by decisions of Its government by the provisions of international agreements to which Romania is a party (3) Financing of expenses for the payment of allowances to the members of the county authorization commissions and of the city of Bucharest, as well as of specialists on occupational fields, used by these commissions, expenses for operation authorization commissions, material expenses for services and capital expenditures are made from the state budget, through the budget of the Ministry of Education, Research, Youth and Sports through UECNCPFA. ----------- Alin. ((3) of art. 14 14 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. (3 ^ 1) UECNCFPA expenses are provided from their own income and subsidies from the state budget, through the budget of the Ministry of Education, Research, Youth and Sports. ----------- Alin. (3 ^ 1) of art. 14 14 has been introduced by section 10 10 of art. I of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. (4) The revenue derived from the value of the technical assistance services for the elaboration, verification, updating and approval of occupational standards, as well as the consideration of the professional training, evaluation, technical assistance services, The approval of the evaluation centers shall be paid to the state budget + Article 15 The regulation of organization and functioning of the National Council of Qualifications and the Professional Training of Adults is approved by joint order of the Minister of Labour, Family and Social Protection and the Minister of Education, Research, youth and sport, within 45 days from the date of entry into force of this Law. + Annex ORGANISATIONAL STRUCTURE of the National Council of Qualifications and the Adult Vocational Training ┌ ┌ ------------ | PRESIDENT | └ └ ------ ----- | V ┌ ---------------------------------------- | Economic and administrative department | | | (5 posts) | └ ---------------------------------------- ---------- The Annex was replaced by the Annex of EMERGENCY ORDINANCE no. 132 132 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010, according to section 7 7 of art. I of the same normative act. Note
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We reproduce below the annex JUDGMENT no. 556 556 of 25 May 2011 , published in MONITORUL OFFICIAL no. 435 435 of 22 June 2011: + Annex ORGANISATIONAL STRUCTURE of the National Qualifications Authority ┌ ------------------ | | General Manager | └ └ -------- [...] | | | [] ├ -----------------) General Manager | ┌ ----------------- | | | Deputy | | | Legal Adviser----------------- └ └ ----------------- | | | | | | | ┌ --------------------- | | | | | Public Auditor internin------------- └ --------------------- | | | | | | ▼ ▼ | | ] [] | | Direction of formation | | Direction of strategies, | | | professional a | | methodologies and | | | | of adults | | informatization | | ---- ️ | | Authorization service | | | training providers | | | | professional | | | ] | ┌ ---------------------- | | | ▼ ▼ ┌ -------------------- | Directorate for | | Economic Directorate, | | | Human Resources and | | | national framework | | administrative | | | | | | | | ├ -------------------- | Service for | | | | | | | | | | | | | | labour market | | accounting | └ -------------------- ️ NOTE: We reproduce below art. II and III of Law no. 253/2003 to amend and supplement Law no. 132/1999 on the establishment, organization and functioning of the National Council of Qualifications and the Professional Training of Adults: "" Art. II. -(1) The National Council of Qualifications and the Adult Professional Training takes up all legal and contractual rights and obligations of the Council for Occupational Standards and Attestation. ((2) The assets and liabilities of the Council for Occupational Standards and Attestation, including the endowments purchased under the project 3724-RO subject to the Loan Agreement between Romania and the International Bank for Reconstruction and Development on the reform of pre-university education, signed in Washington on 23 May 1994, ratified by Government Ordinance no. 24/1994 , approved by Law no. 126/1994 , as amended, shall be taken on the basis of protocol of delivery-receipt by the National Council of Qualifications and the Professional Training of Adults, within 30 days from the date of entry into force of this Law. Art. III. -(1) On the date of entry into force of this Law, the Government Decision no. 779/1999 on the approval of the establishment of the Council for Occupational Standards and Attestation, published in the Official Gazette of Romania, Part I, no. 473 473 of 30 September 1999, and point IX of point A of Annex no. 2 2 < > > to Government Decision no. 23/2001 on the organization and functioning of the Ministry of Education and Research, published in the Official Gazette of Romania, Part I, no 18 of 11 January 2001, with subsequent amendments and completions. (2) All contractual commitments of the Council for Occupational Standards and Atesting in progress on the date of entry into force of this Law remain valid, being taken over by the National Council of Qualifications and Training Professional of Adults, and certificates of competence issued under its logo are recognized on the labor market. " -------