Advanced Search

Law No. 133 Of 20 July 1999 On Stimulating Private Entrepreneurs For The Creation And Development Of Small And Medium Enterprises

Original Language Title:  LEGE nr. 133 din 20 iulie 1999 privind stimularea întreprinzătorilor privaţi pentru înfiinţarea şi dezvoltarea întreprinderilor mici şi mijlocii

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 133 133 of 20 July 1999-(* updated *) on stimulating private entrepreneurs to set up and develop small and medium-sized enterprises ((updated until 30 July 2002 *)
ISSUER PARLIAMENT




--------------- *) The initial text was published in the OFFICIAL GAZETTE no. 349 349 of 23 July 1999. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until 30.07.2002 with the amendments and additions made by: ORDINANCE no. 73 73 of 27 August 1999 , ORDINANCE no. 118 118 of 31 August 1999 , EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 , EMERGENCY ORDINANCE no. 215 215 of 29 December 1999 , EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 , EMERGENCY ORDINANCE no. 17 17 of 14 March 2000 , ORDINANCE no. 64 64 of 17 August 2000 , EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 ; LAW no. 189 189 of 17 April 2001 , EMERGENCY ORDINANCE no. 76 76 of 24 May 2001 , ORDINANCE no. 7 7 of 19 July 2001 ; EMERGENCY ORDINANCE no. 60 60 of 25 April 2001 ; LAW no. 285 285 of 5 June 2001 ; LAW no. 294 294 of 5 June 2001 ; LAW no. 415 415 of 18 July 2001 ; EMERGENCY ORDINANCE no. 37 37 of 21 March 2002 ; LAW no. 345 345 of 1 June 2002 ; LAW no. 414 414 of 26 June 2002; LAW no. 434 434 of 27 June 2002 ; LAW no. 493 493 of 11 July 2002 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The present law regulates the stimulation of the establishment and development of small and medium (2) The provisions contained in this normative act shall also apply to entrepreneurs authorized by Decree-Law no. 54/1990 , as well as family associations. + Article 2 For the purposes of this Law, the entrepreneur is an authorised natural person or a legal person who, individually or in association with other authorised natural persons or legal persons, organises a company, referred to in continued enterprise, in order to conduct acts and acts of trade according to the provisions of art. 3. + Article 3 The enterprise means any form of organization of an economic activity, patrimonial autonomous and authorized according to the laws in force to do acts and acts of commerce, in order to obtain profit by making material goods, respectively services, from their sale on the market, under conditions of competition. + Article 4 (1) Small and medium-sized enterprises operating in the sphere of production of material goods and services shall be defined, according to the average annual number of personnel, as follows: a) up to 9 employees-micro-enterprises; b) between 10 and 49 employees-small enterprises; c) between 50 and 249 employees-medium-sized enterprises. (2) The provisions of this law do not fall within the provisions of this law, the insurance and reinsurance companies, the management companies of the investment funds, the securities companies and the companies with exclusive activity of foreign trade. (3) Do not benefit from the provisions of this law companies that have as shareholder or associate legal entities that cumulatively meet the following two conditions: a) have more than 250 employees; b) hold over 25% of the share capital. (4) It benefits from the provisions of this law small and medium-sized enterprises that achieve an annual turnover equivalent to up to 8 million euros. + Article 5 (1) The proof of the annual average scriptic number shall be issued by the Labour Chamber, based on the average scriptic number reported in the previous year, and shall be valid for the entire current year. (. In the case of undertakings established in the current year, the period between the date of establishment and the date of issue of that evidence shall be taken into account. (3) The work room will issue the proof provided in par. (1) within 5 working days from the date of request. (4) The proof for the level of turnover shall be issued by the financial administration, based on the Government's decision. + Article 6 Only small and medium-sized enterprises with full private capital benefit from the provisions of this law + Article 7 The terms micro-enterprise, small and medium enterprise, as well as the term derived small and medium enterprises will be used, according to the provisions of 4, in all regulations, statistics and other official documents issued by the authorities or other public institutions. + Chapter 2 Creating a framework conducive to the establishment and development of small and medium + Section 1 Administrative procedures + Article 8 The ministries, the other specialized bodies of the central public administration, the local public administration authorities and chambers of commerce and industry, within the framework of their competence, have the obligation to develop policies and ensure measures and actions intended to contribute to the protection of entrepreneurs in their relations with the State, in particular by simplifying the administrative procedures imposed on undertakings and preventing unjustified increases in the costs of undertakings linked to their compliance with the regulations in force. + Article 9 (1) Under the sanction of absolute nullity, any measures or acts aimed at or as an effect of discrimination against small and medium-sized enterprises or at the expense of newly-created enterprises, on the basis of seniority or size, shall be prohibited. (2) For the simplification of administrative formalities a single registration procedure for small and medium-sized enterprises is introduced, by completing a single form and by submitting it to the Chamber of Commerce and Industry-the Office territorial of the trade register which, after registration or transcription of modifier mentions, will transmit, within 20 days, the information necessary to the public institutions empowered for the tax registration, registration in Taxpayers ' record of social security and health insurance. + Article 10 Repealed. ---------------- Article 10 was repealed by art. 18 of EMERGENCY ORDINANCE no. 76 76 of 24 May 2001 published in MONITORUL OFFICIAL no. 283 283 of 31 May 2001, repealed by art. 19 of EMERGENCY ORDINANCE no. 76 76 of 24 May 2001 (* republished *) published in the OFFICIAL GAZETTE no. 413 413 of 14 June 2002. + Section 2 Access to public services and assets belonging to companies and national companies to which the State is a majority shareholder, as well as autonomous regions + Article 11 The government, the central public administration's specialized bodies and local authorities are obliged to provide support to small and medium-sized enterprises aimed at facilitating their access to transport and communication networks, ensuring the supply of energy, gas, water and other public utilities necessary for their activity. + Article 12 (1) Small and medium-sized enterprises have access to the available assets of companies and national companies with majority state capital, as well as of autonomous regions, under the following conditions: a) the available assets used by small and medium-sized enterprises on the basis of the lease, the management location contract or the joint venture contract concluded with the companies and the national companies with majority state capital, as well as with autonomous regions, on the date of entry into force of this law will be sold, at the request of the holder, at the negotiated price, established on the basis of the evaluation report after deduction of investments made in active by the tenant; b) the rental contract or the management location contract will be transformed, at the request of the holder, into the lease agreement, with the irrevocable sale clause; c) small and medium-sized enterprises have the right of pre-emption to the purchase of available assets of companies and national companies with majority state capital, as well as of autonomous regions in the immediate vicinity of assets that they own in the property; d) Small and medium-sized enterprises have priority in buying the available assets of companies and national companies with majority state capital, as well as autonomous regions. If there are more applicants, the purchase will be made by public auction, starting from the price set by the evaluation report. In this situation, a small and medium-sized enterprise is awarded a number of points equivalent to 30% of the number of points awarded for the highest price offered; e) small and medium-sized enterprises have priority access to the rental, concession or leasing of available assets of companies and national companies with majority state capital, as well as of autonomous regions, under the conditions of art. 13. (2) Commercial companies and national companies with majority state capital, as well as autonomous regions are obliged, within 90 days from the date of submission of applications by interested persons, to conclude sales and purchase contracts. provided in par. ((1) lit. a)-d) or to ensure priority access to the rental, concession or leasing of available assets, under the conditions of par. ((1) lit. e). (3) The sale of assets under the conditions of par. (1), can also be made with payment in staggered rates for 3-5 years, with an advance of 5-20%. (4) In the rental situation, the minimum and maximum rent limits are established by the State Property Fund, the Ministry of Industry and Commerce, the county, municipal or local councils, in collaboration with the employers of small businesses and medium-sized, based on the economic motivation of the parties involved and in order to support the establishment and development of small and medium-sized enterprises. + Article 13 (1) For the purposes of this Law, assets that are not used shall be considered as available assets. Companies and national companies with majority state capital, as well as autonomous regions are obliged to establish and draw up the lists of available assets, within 60 days from the date of entry into force of the this law. The lists will be sent to the offices of assistance for the establishment and development of companies, organized within the chambers of commerce and county industry and the city of Bucharest. The lists will be updated monthly. ((2) The lists comprising the available assets are public and will be displayed at the headquarters of the chambers of commerce and county industry and of the city of Bucharest. The offices of assistance for the establishment and development of companies, organized within the chambers of commerce and industry, will announce through the press the place where the lists of available assets are displayed. + Article 14 (1) The State Property Fund, ministries or local public authorities give a mandate to their representatives in general meetings and boards of companies, national companies to which the state is a majority shareholder, as well as autonomous regions to determine the sale of assets in the situation provided for in art. 12 12 para. ((1). (2) The State Property Fund, ministries or local public authorities shall aim to carry out the transfer of assets according to art. 12 12 para. ((1). + Article 14 ^ 1 (1) The government, ministries and other specialized bodies of the central public administration, as well as local public authorities must ensure the increase of the share of small and medium-sized enterprises in the value of public procurement contracts of material goods, works and services, aiming at this weight to reach a level comparable to their contribution to the realization of the gross domestic product. (2) Small and medium-sized enterprises benefit from discounts by 50% for the criteria related to the turnover and the guarantees required in the public procurement of material goods, works and services. (3) Public institutions, companies and national companies with majority state capital, as well as autonomous regions have the obligation to organize the first public procurement procedure only for small and medium-sized enterprises, as follows: a) for purchases of goods, except for equipment, and services, except for repairs, which do not exceed 500,000,000 lei; b) for procurement of equipment that does not exceed 1,000,000,000 lei; c) for repairs that do not exceed 2,000,000,000 lei; d) for constructions that do not exceed 3,000,000,000 lei. (4) In case of non-realization of public procurement from small and medium-sized enterprises, another public procurement procedure with free access will be organized, according to the regulations in force. (5) In case of public procurement procedure organized according to the provisions of art. 14 ^ 1 para. ((2) and (3), the legislation in force on public procurement shall apply accordingly. -------------- Art. 14 ^ 1 was introduced by ORDINANCE no. 64 64 of 17 August 2000 , published in MONITORUL OFFICIAL no. 395 395 of 23 August 2000 which was suspended by Annex 1 of the EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000; introduced by EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000; amended and supplemented by LAW no. 415 415 of 18 July 2001 published in MONITORUL OFFICIAL no. 406 406 of 23 July 2001. + Section 3 Priority access to public procurement of material goods, works and services + Article 15 Repealed. --------------- Article 15 was repealed by art. 113 of ORDINANCE no. 118 118 of 31 August 1999 published in MONITORUL OFFICIAL no. 431 431 of 31 August 1999 which was repealed by art. 111 of EMERGENCY ORDINANCE no. 60 60 of 25 April 2001 published in MONITORUL OFFICIAL no. 241 241 of 11 May 2001. + Article 16 (1) The Government supports the research and technological innovation activity carried out by small and medium-sized enterprises, by: a) inclusion in the national program of a distinct chapter on the research and development activity carried out by small and medium-sized enterprises; b) ensuring the priority contracting of the topics requested by small and medium-sized enterprises, by scientific research and development institutes; c) facilitating access to specialized technological information under the law and setting up business incubators, scientific parks and other similar forms; d) making available to small and medium-sized enterprises the results of the research and development activity financed from the budget, under the same conditions that currently benefit the companies and the national companies with majority state capital, as well as autonomous regions. (2) The Government, the specialized bodies of the central public administration and the local authorities will provide support, based on programs, to small and medium-sized enterprises, aimed at encouraging activities that contribute to the widening of markets enterprises and, as a matter of priority, the development of exports through financial support and risk insurance for foreign trade operations, access to information on domestic and foreign markets, for the realization of promotional actions, exhibitions in the country and abroad. + Section 4 Information, assistance, consultancy, research and technological innovation services, to small and medium-sized enterprises + Article 17 (1) In order to carry out and develop their activity, small and medium-sized enterprises benefit from information, assistance, consulting, research and technological innovation services in the financial-banking, management and marketing fields. (2) Government, local public administration authorities, chambers of commerce and industry and employers ' organizations of small and medium-sized enterprises support the operation of a national network of information consulting and management centers for small and medium sized enterprises. To this end will be the national network of consulting centers, through the care of the National Agency for Small and Medium Enterprises, through the free accession of consulting and information management centers and organizations non-governmental operating in the same field ((3) The costs for the information, assistance, consultancy, research and technological innovation services granted to small and medium-sized enterprises shall be borne in part by the amounts provided annually in the state budget law, on the basis of programs. + Article 18 The government supports the research and technological innovation activity carried out by small and medium-sized enterprises, through free technology transfer, to small and medium-sized enterprises producing goods and services, research results from National research program. + Section 5-a Managerial professional training + Article 19 (1) Government and local public authorities shall ensure, through the amounts allocated from the state budget or local budgets, as well as through programs supported by international bodies or other sources, the full or partial financing of some training for managers and employees of small and medium-sized enterprises. (2) The training programmes will be carried out through: a) state and private educational institutions, authorized and accredited according to the law; b) assistance and consulting organizations and centres, which aim to support the development of the small and medium-sized enterprises sector; c) training programmes funded by international bodies. (3) Small and medium-sized enterprises, with appropriate vocational training capacity at work in various trades, will be able to issue, under the law, professional qualification attestations. + Chapter 3 Development programmes for small and medium-sized enterprises + Article 20 (1) The Government will approve annually programs to encourage and stimulate the establishment and development of small and medium-sized enterprises on the basis of programs developed by the National Agency for Small and Medium Enterprises, in consultation with the trade and industry and the employers of small and medium-sized enterprises. (2) At the level of administrative-territorial units the programs of development of small and medium-sized enterprises shall be approved by the local public administration authorities, corresponding to their duties, and shall be financed from their own from sources attracted. + Article 21 (1) Annually, the state budget law allocates funds for the financing of development programs and measures to support the establishment of new enterprises and to support the development of small and medium-sized enterprises. (2) The amounts allocated to support the establishment of enterprises and the support for the development of small and medium-sized enterprises will be highlighted and pursued distinctly in the state budget, in local budgets and in the budgets of special funds, such as and in the budgets of authorising officers. (3) The programs will be carried out by the Ministry for Small and Medium Enterprises and Cooperation, directly or through private law organizations or institutions. The selection of private law organizations or institutions is done in compliance with the regulations in force on public procurement. Between the winner appointed according to the public procurement procedure and the Ministry for Small and Medium Enterprises and Cooperation, a service contract is concluded, on the basis of which it will be passed to the running of the respective program. ((4) The expenditure ceilings related to the services for the drafting of the programs for the development of small and medium-sized enterprises, the management services of the programs and their complementary ones, monitoring, evaluation and control, will be established when approving the budget of each program, but not more than 10% of the amount of the amounts allocated for the program itself. ((. The amounts allocated under this Article may also be used to cover the operating costs of the authorising officers, only in so far as their activities, devoted to the stimulation of small undertakings and medium-sized, and related own expenses can be highlighted and tracked distinctly. -------------- Alin. ((3) art. 21 was amended by EMERGENCY ORDINANCE no. 37 37 of 21 March 2002 published in MONITORUL OFFICIAL no. 223 223 of 3 April 2002; amended by LAW no. 434 434 of 27 June 2002 published in MONITORUL OFFICIAL no. 502 502 of 11 July 2002. + Article 21 ^ 1 Repealed. -------------- Art. 21 ^ 1 was introduced by EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000 amended by LAW no. 415 415 of 18 July 2001 published in MONITORUL OFFICIAL no. 406 406 of 23 July 2001; repealed by LAW no. 345 345 of 1 June 2002 published in MONITORUL OFFICIAL no. 371 371 of 1 June 2002. + Article 21 ^ 2 Repealed. --------------- Art. 21 ^ 2 was introduced by EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000, as amended by LAW no. 415 415 of 18 July 2001 published in MONITORUL OFFICIAL no. 406 406 of 23 July 2001, repealed by LAW no. 414 of 26 June 2002 published in the OFFICIAL GAZETTE no. 456 456 of 27 June 2002. + Article 21 ^ 3 Repealed. ---------------- Art. 21 ^ 3 was introduced by EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000, as amended by LAW no. 415 415 of 18 July 2001 published in MONITORUL OFFICIAL no. 406 406 of 23 July 2001, repealed by LAW no. 414 of 26 June 2002 published in the OFFICIAL GAZETTE no. 456 456 of 27 June 2002. + Article 21 ^ 4 Repealed. --------------- Art. 21 ^ 4 was introduced by EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000 amended by LAW no. 415 415 of 18 July 2001 published in MONITORUL OFFICIAL no. 406 406 of 23 July 2001; repealed by LAW no. 345 345 of 1 June 2002 published in MONITORUL OFFICIAL no. 371 371 of 1 June 2002. + Article 21 ^ 5 Repealed. --------------- Art. 21 ^ 5 was introduced by EMERGENCY ORDINANCE no. 297 297 of 30 December 2000 published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000; repealed by ORDINANCE no. 7 7 of 19 July 2001 published in MONITORUL OFFICIAL no. 435 435 of 3 August 2001; repealed by LAW no. 415 415 of 18 July 2001 published in MONITORUL OFFICIAL no. 406 406 of 23 July 2001; repealed by LAW no. 493 493 of 11 July 2002 published in MONITORUL OFFICIAL no. 543 543 of 25 July 2002. + Chapter 4 Economic-financial, fiscal and banking facilities that are granted to small and medium-sized enterprises with full private capital + Article 22 Repealed. --------------- Article 22 was repealed by EMERGENCY ORDINANCE no. 215 215 of 29 December 1999 , published in MONITORUL OFFICIAL no. 649 649 of 30 December 1999, rejected by LAW no. 285 285 of 5 June 2001 published in MONITORUL OFFICIAL no. 306 306 of 11 June 2001; repealed by EMERGENCY ORDINANCE no. 17 17 of 14 March 2000 published in MONITORUL OFFICIAL no. 113 113 of 15 March 2000 repealed by LAW no. 345 345 of 1 June 2002 published in MONITORUL OFFICIAL no. 371 371 of 1 June 2002. + Article 23 Repealed. --------------- Article 23 was repealed by EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 published in MONITORUL OFFICIAL no. 650 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 published in MONITORUL OFFICIAL no. 74 74 of 21 February 2000 rejected by LAW no. 294 294 of 5 June 2001 published in MONITORUL OFFICIAL no. 303 303 of 8 June 2001; repealed by LAW no. 189 189 of 17 April 2001 published in MONITORUL OFFICIAL no. 196 196 of 19 April 2001. + Article 24 Repealed. --------------- Article 24 was repealed by EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 published in MONITORUL OFFICIAL no. 650 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 published in MONITORUL OFFICIAL no. 74 74 of 21 February 2000, rejected by LAW no. 294 294 of 5 June 2001 published in MONITORUL OFFICIAL no. 303 303 of 8 June 2001; repealed by LAW no. 189 189 of 17 April 2001 published in MONITORUL OFFICIAL no. 196 196 of 19 April 2001. + Article 25 Repealed. --------------- Article 25 was repealed by EMERGENCY ORDINANCE no. 215 215 of 29 December 1999 published in MONITORUL OFFICIAL no. 649 649 of 30 December 1999, rejected by LAW no. 285 285 of 5 June 2001 published in MONITORUL OFFICIAL no. 306 306 of 11 June 2001; repealed by EMERGENCY ORDINANCE no. 17 17 of 14 March 2000 published in MONITORUL OFFICIAL no. 113 113 of 15 March 2000. + Article 26 Repealed. --------------- Article 26 was repealed by EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 published in MONITORUL OFFICIAL no. 650 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 published in MONITORUL OFFICIAL no. 74 74 of 21 February 2000, rejected by LAW no. 294 294 of 5 June 2001 published in MONITORUL OFFICIAL no. 303 303 of 8 June 2001; repealed by LAW no. 189 189 of 17 April 2001 published in MONITORUL OFFICIAL no. 196 196 of 19 April 2001. + Article 27 Repealed. --------------- Article 27 was repealed by art. 86 of ORDINANCE no. 73 73 of 27 August 1999 published in MONITORUL OFFICIAL no. 419 419 of 31 August 1999, repealed, in turn, by ORDINANCE no. 7 7 of 19 July 2001 published in MONITORUL OFFICIAL no. 435 435 of 3 August 2001 approved by LAW no. 493 493 of 11 July 2002 published in MONITORUL OFFICIAL no. 543 543 of 25 July 2002; repealed by art. 5 of EMERGENCY ORDINANCE no. 217 217 of 29 December 1999 published in MONITORUL OFFICIAL no. 650 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE no. 6 6 of 18 February 2000 published in MONITORUL OFFICIAL no. 74 74 of 21 February 2000, rejected by LAW no. 294 294 of 5 June 2001 published in MONITORUL OFFICIAL no. 303 303 of 8 June 2001; repealed by LAW no. 189 189 of 17 April 2001 published in MONITORUL OFFICIAL no. 196 196 of 19 April 2001. + Article 28 The Government Decision establishes the National Credit Guarantee Fund for small and medium-sized enterprises, which will have branches in each county seat. + Article 29 The national credit guarantee fund for small and medium-sized enterprises is established in the form of joint stock companies, under the conditions Law no. 31/1990 on companies, republished. + Article 30 The share capital of the National Credit Guarantee Fund for small and medium-sized enterprises is expressed in nominal shares, with a nominal value of 1,000,000 lei. + Article 31 The actions of the National Credit Guarantee Fund for small and medium-sized enterprises can be admitted to the quotation of a stock exchange or can be negotiated on another market organized by securities. + Article 32 The national credit guarantee fund for small and medium-sized enterprises can only function after the full payment of the subscribed share capital. + Article 33 The share capital of the National Credit Guarantee Fund for small and medium-sized enterprises can be increased by issue of shares or bonds convertible into shares. + Article 34 (1) The social capital of the National Credit Guarantee Fund for small and medium-sized enterprises, established at its establishment, is 50,000,000,000 lei, having as a source of allocation the state budget. (2) The social capital of 50,000,000,000 lei will be increased, for a period of 5 years, by 0.4% of the budget revenues. + Article 35 The national credit guarantee fund for small and medium-sized enterprises has as its exclusive activity the guarantee of loans or other financing instruments that can be obtained by small and medium-sized enterprises from banks commercial or other sources. + Chapter 5 Coordination of policies and development programmes for small and medium-sized enterprises + Article 36 The government ensures the coordination of policies and measures to encourage and stimulate small and medium-sized enterprises, their monitoring and evaluation, through the National Agency of Small and Medium Enterprises. The organization and functioning of the National Agency of Small and Medium Enterprises is approved by Government decision. + Article 37 (1) By October 30 of each year the Government shall submit to Parliament an annual report on the development of the small and medium-sized enterprise sector, the way in which the needs of small and medium-sized enterprises the macroeconomic, legislative and institutional framework, the policies of encouragement and stimulation adopted and the stage of their application, the measures adopted and the effects found. The annual report must be accompanied by the small and medium-sized business development programmes to be undertaken in the following calendar year, with a view to Parliament's approval of the inclusion of funds that are estimated to be provided in the state budget law for the following year. (2) The annual report should reflect the results of consultations and cooperation with business and other business and civil society organisations. + Chapter 6 Sanctions + Article 38 (1) Unjustified refusal of the issuance of the opinion, authorization or license of operation of small and medium-sized enterprises or delay in their release by public institutions, authorized according to art. 5, 9 and 10, constitutes contravention and is sanctioned with a fine from 5,000,000 lei to 10,000,000 lei. (2) Non-compliance by commercial companies and national companies with majority state capital, as well as by the autonomous regions of the obligations provided in art. 12 12 para. ((2) and in art. 15 15 para. (4) constitutes a contravention and is sanctioned with a fine from 25,000,000 lei to 50,000,000 lei. (3) Failure to comply with the obligation provided for in 13 constitutes contravention and is sanctioned with a fine of 75,000,000 lei to 150,000,000 lei. (4) The sanctions apply individually to persons who have committed the contravention, employees of companies and national companies with majority state capital, as well as of autonomous regions or members of the board of directors of to them. ((5) Revenues made on the basis of concession, lease or joint venture contracts for the assets or premises belonging to the companies or national companies to which the State is a majority shareholder, as well as to the regions autonomous is taxed at 90%. (6) Commercial companies and national companies with majority state capital, as well as autonomous regions will pay for unused spaces, machinery and technical equipment, which were not offered to small and medium-sized enterprises on sale or in lease, an annual penalty of 1% of their inventory value. The penalty will be made to the state budget or the local budget. (7) The finding of contraventions and the application of sanctions shall be made by the authorized persons of the National Agency for Small and Medium Enterprises. (8) The regime of contraventions provided in par. ((1)-(3) shall be duly completed with the provisions Law no. 32/1968 *) on establishing and sanctioning contraventions, except for the provisions of art. 25-27. (9) The government will periodically index the amount of fines with the inflation rate. ------------ * *) Law no. 32/1968 has been repealed Ordinance no. 2 2 of 12 July 2001 published in the Official Gazette no. 410 410 of 25 July 2001 approved by Law no. 180 180 of 11 April 2002 . + Chapter 7 Transitional provisions + Article 39 (1) Financing programs for the development of small and medium enterprises and contracting the activities contained in these programs, according to the provisions of art. 20 20 and 21, are made by exemption from the provisions art. 22 22, 38 and 79 of Law no. 72/1996 on public finances. (2) Within 60 days from the date of entry into force of this law the Government will approve, on the basis of proposals of the Ministry of Finance and of the National Agency for Small and Medium Enterprises, methodological norms on the modality of financing of programs and measures to stimulate the establishment and development of small and medium-sized enterprises, according to the provisions of art. 20 20 and 21. + Article 40 The programs for the development of small and medium-sized enterprises, approved according to this law, will be financed from the state budget or local budgets, from funds from international bodies or other sources. + Article 41 ((1) Government Ordinance no. 12/1993 * *) on public procurement, republished in the Official Gazette of Romania, Part I, no. 281 of December 4, 1995, as amended, does not apply in the situations provided in art. 15 15 and 16. (2) On the date of entry into force of this Law, the Government Ordinance no. 25/1993 on stimulating small and medium-sized enterprises, approved and amended by Law no. 83/1994 and republished in the Official Gazette of Romania, Part I, no. 301 301 of 24 October 1994, as amended. ------------ * *) Government Ordinance no. 12/1993 has been repealed by Emergency Ordinance no. 60 60 of 25 April 2001 published in the Official Gazette no. 241 241 of 11 May 2001, approved by Law no. 212 212 of 19 April 2002 . This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of 17 June 1999, in compliance with the provisions of art. 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. ROOM PRESIDENT DEPUTIES ION DIACONESCU p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS -----