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

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Law No. 133 of 20 July 1999 (* updated *) on stimulation of private entrepreneurs for the establishment and development of small and medium enterprises (updated until 30 July 2002 *)-PARLIAMENT ISSUING — — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 349 of 23 July 1999. This is the updated form of S.C. "territorial Center of Electronic Computing" until 30.07.2002 with changes and additions made to: ORDINANCE No. 73 of 27 august 1999, Ordinance No. 118 of 31 august 1999, EMERGENCY ORDINANCE No. 217 of 29 December 1999, EMERGENCY ORDINANCE No. 215 of 29 December 1999, EMERGENCY ORDINANCE No. 6 of 18 February 2000, EMERGENCY ORDINANCE No. 17 of 14 March 2000, Ordinance No. 64 of 17 august 2000, EMERGENCY ORDINANCE No. 297 of 30 December 2000; Law No. 189 of 17 April 2001, EMERGENCY ORDINANCE No. 76 of 24 May 2001, Ordinance No. 7 of 19 July 2001; EMERGENCY ORDINANCE No. 60 of 25 April 2001; Law No. 285 of 5 June 2001; Law No. 294 on June 5, 2001; Law No. 415 of 18 July 2001; EMERGENCY ORDINANCE No. 37 of 21 March 2002; Law No. 345 from 1 June 2002; Law No. 414 of 26 June 2002; Law No. 434 of 27 June 2002; Law No. 493 of 11 July 2002.
Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) this Act regulates development and stimulate small and medium enterprises.
  

(2) the provisions contained in this legislation applies to authorised entrepreneurs by Decree-Law No. 54/1990 and family associations.
  


Article 2 for the purposes of this law, the entrepreneur is a physical person or a legal person authorized which, individually or in association with other individuals or legal entities with a trading company called further undertaking, to carry out certain acts and acts of trade as prescribed. 3. Article 3 by undertaking means any form of organization of an economic activity, a patrimonial autonomous and licensed according to the laws in force to do the acts and deeds of Commerce, in order to obtain profit through the production of material goods, provision of services, respectively, of their sale on the market, in terms of competition.


Article 4 (1) small and medium enterprises working in the sphere of production of goods and services are defined, depending on the average annual number of staff as follows: (a)) up to 9 employees — microenterprises;
  

b) between 10 and 49 employees-small businesses;
  

c) between 50 and 249 employees-medium-sized businesses.
  

(2) do not fall within the provisions of the present law banking companies, insurance and reinsurance companies, management companies of investment funds, securities firms and firms with exclusive foreign trade activity.
  

(3) do not benefit from the provisions of the present law firms which have as a shareholder or associated legal entities that meet the following two conditions are met cumulatively: a) having more than 250 employees;
  

b) hold more than 25% of the share capital.
  

(4) the provisions of this law shall enjoy the small and medium enterprises which carry out a yearly turnover, equivalent to about 8 million euro.
  


Article 5 (1) proof of average annual number shall be issued by the Board on the basis of the average number reported the previous year, and is valid for the entire year.
  

(2) in the case of undertakings established in the current year will take into account the period between the date of the establishment and the date of issue of such evidence.
  

3. the Board will release the proof referred to in paragraph 1. (1) within 5 working days from the date of the request.
  

(4) evidence for the turnover shall be issued by the Administration, by the decision of the Government.
  


Article 6 provisions of this law shall receive only small and medium-sized enterprises with private capital.


Article 7 terms of micro enterprise, small and medium-sized enterprise, and the derived term small and medium enterprises will be used in compliance with art. 4 in all other regulations, rules, statistics and official documents issued by the authorities or other public institutions.


Chapter 2 the creation of a favourable framework for the establishment and development of small and medium enterprises section 1 administrative procedures Article 8 ministries, other specialized bodies of central public administration, local public administration authorities and chambers of Commerce and industry, within the framework of their competence, are obliged to develop policies and to ensure that measures and actions aimed at contributing to the protection of entrepreneurs in their relations with the State in particular through the simplification of administrative procedures imposed on undertakings and by preventing unjustified growth of costs of enterprises, related to their compliance against regulations.


Article 9 (1), on pain of nullity is absolute prohibited any measures or acts which have the purpose or the effect of discrimination against small and medium-sized enterprises or in preference to newly created enterprises, on the basis of seniority or size.
  

(2) in order to simplify administrative formalities is a unique procedure for the registration of small and medium enterprises, by filling out a single form and submitted it to the Chamber of Commerce and industry-territorial Office of the trade register which, after registration or transcription of some entries, modifying shall transmit, within a period of 20 days, public institutions, necessary information for tax registration record-keeping, the taxpayers, social security and health insurance.
  


Article 10 Repealed.
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Art. 10 has been repealed by article 16. 18 of the EMERGENCY ORDINANCE nr. 76 of 24 May 2001 published in the Official Gazette No. 283 of 31 May 2001, repealed by article. 19 of the EMERGENCY ORDINANCE nr. 76 of 24 May 2001 (republished) published in the MONITORUL OFICIAL nr. 413 of 14 June 2002.


Section 2 of the access to public services and assets belonging to companies and national companies in which the State is a major shareholder, as well as autonomous public corporations, Government bodies Article 11 specialized central public administration bodies and local authorities are obliged to assist small and medium enterprises aiming at facilitating access to transport networks and communications, ensuring energy supply water, gas, and other utilities necessary for their activity.


Article 12 (1) small and medium enterprises have access to the available assets of the companies and national companies with majority state capital as well as public corporations, under the following conditions: a the available assets used) small and medium enterprises based on contract hire, contract management or location of the joint venture contract, concluded with companies and national companies with majority state capital as well as overhead, from the date of entry into force of this law will be sold, at the request of the holder, at the price negotiated, established on the basis of the evaluation report and after deducting the investments made by the renter in the active;
  

b) the lease or contract property management will turn at the request of the holder, in the lease, with a final clause of sale;
  

c) small and medium enterprises have the right to pre-emptive buying assets of companies and national companies with majority state capital as well as autonomous public corporations that are in the immediate vicinity of the assets they hold in the property;
  

d) small and medium enterprises have priority in buying assets of companies and national companies with majority state capital as well as public corporations. In a situation where there are several applicants, the purchase will be made through a public tender,/or the price established by the evaluation report. In this situation, through the grid of points shall be awarded to a small and medium enterprises a number of points equivalent to 30% of the number of points awarded for the highest price offered;
  

e) small and medium enterprises have priority access to the rental, lease or leasing assets of companies and national companies with majority state capital as well as autonomous public corporations under the terms of art. 13. (2) companies and national companies with majority state capital, as well as the autonomous administrations are obliged, within 90 days from the date of submission of applications by interested parties, to conclude contracts of sale referred to in paragraph 1. (1) (a). a)-d) or ensure access to, the right to priority hiring or leasing of assets available under the terms of paragraph 1. (1) (a). e). (3) the sale of assets, under the terms of paragraph 1. (1) it can be done and hire term staggered 3-5 years, with a lead of 5-20%.
  


(4) In this situation, the minimum and maximum limits of the rent shall be determined by the State property Fund, the Ministry of industry and commerce, county councils, municipal or local government, in conjunction with the employers of small and medium enterprises, economic motivation of the parties involved and to support the establishment and development of small and medium-sized enterprises.
  


Article 13 (1) for the purposes of this Act, be treated as assets available assets which are not used. Companies and national companies with majority state capital, as well as the autonomous administrations are required to establish and to draw up lists of available assets, within 60 days after the date of entry into force of this law. The lists will be sent to the offices of assistance for the creation and development of companies, organized within the Chambers of Commerce and industry and the municipality of Bucharest. The lists will be updated monthly.
  

(2) lists the assets available are public and will be posted at the premises of the Chambers of Commerce and industry and the municipality 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 media where displayed lists of available assets.
  


Article 14 (1) of the State Property Fund, the ministries or local governments give mandate their representatives in the General meetings and on the boards of companies, national companies in which the State is a major shareholder, as well as autonomous public corporations to determine selling assets that are in the situation referred to in article 1. 12(3). (1) and (2) the State property Fund, the ministries or local governments aiming at carrying out the transfer of assets under art. 12(3). 1. Article 14 ^ 1 (1) the Government, ministries and other specialized bodies of central public administration and local public authorities must ensure that the increase in the share of small and medium enterprises in the value of the contracts procurement of goods, works and services, while ensuring that this share to reach a level comparable to their contribution to the achievement of gross domestic product.
  

(2) small and medium enterprises have discounts 50% for criteria related to turnover and the guarantees required for the procurement of goods, works and services.
  

(3) public institutions, companies and national companies with majority state capital, as well as the autonomous administrations are obliged to organize the first tendering procedure only for small and medium enterprises, as follows: a) for procurari of goods, with the exception of equipment and services, with the exception of repairs that are not 500,000,000 million lei;
  

b) for procurari of equipment not exceeding 1,000,000,000 lei;
  

c) for repairs that do not exceed 2,000,000,000 lei;
  

d) construction not exceeding 3,000,000,000 lei.
  

(4) in the event of purchase of public remarks delivered by the small and medium enterprises will hold another tender procedure with free access, in accordance with the regulations in force.
  

(5) in the case of public procurement procedure organised pursuant to the provisions of art. 14 ^ 1 (1). (2) and (3), the law on public procurement apply accordingly.
  

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Art. 14 ^ 1 has been introduced by ORDINANCE No. 64 of 17 august 2000, published in MONITORUL OFICIAL nr. 395 of 23 august 2000 which has been suspended by the annex 1 of the EMERGENCY ORDINANCE nr. 295 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000; introduced by EMERGENCY ORDINANCE nr. 297 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000; amended and supplemented by law No. 415 of 18 July 2001 published in the Official Gazette nr. 406 of 23 July 2001.


Section 3 of the Access to public procurement priority of material goods, works and services Article 15 Repealed.
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Art. 15 was abrogated by article. 113 from ORDINANCE No. 118 of 31 august 1999, published in Official Gazette No. 431 of 31 august 1999 which was repealed by article 19. 111 from EMERGENCY ORDINANCE nr. 60 of 25 April 2001 and published in the Official Gazette No. 241-11 May 2001.


Article 16 (1) the Government supports research and technological innovation of small and medium enterprises, through the inclusion of: the national programme) has a separate chapter regarding research and development carried out by small and medium enterprises;
  

b) ensuring priority themes of commitment required by small and medium-sized enterprises, by scientific research institutes and development;
  

c) facilitating access to technological information in accordance with the law and the establishment of business incubators, scientific parks, and other similar forms;
  

d) requirement for implementation is available at small and medium enterprises of the results of research and development activity financed from the budget, under the same conditions currently enjoyed by companies and national companies with majority state capital, as well as the autonomous administrations.
  

(2) the Government, specialized bodies of central public administration and local authorities will provide support based programs, small and medium enterprises, aimed at encouraging activities which contribute to the widening of markets and enterprises, with priority to the development of exports through financial support and risk insurance for foreign trade operations, access to information on the internal and external markets, for the realization of promotional actions exhibitions in the country and abroad.
  


Section 4-information services, support, consulting, research and technological innovation, granted to small and medium enterprises in article 17 (1) for the purposes of their work, and the development of small and medium enterprises benefit from information, consultancy, assistance, research and technological innovation in the areas of banking and finance, management and marketing.
  

(2) the Government, local public administration authorities, chambers of Commerce and industry and the employers ' organizations of small and medium enterprises supports the operation of a national network of advice centres and information management for small and medium enterprises. For this purpose it will provide national network of advisory centres, with the care of the National Agency for small and medium-sized enterprises, through the free membership and advisory centres information management and non-governmental organizations working in the same field.
  

(3) Costs for information services, support, consulting, research and technological innovation of small and medium undertakings shall bear part of annual amounts provided in the law on State budget-based programs.
  


Article 18 the Government supports research and technological innovation of small and medium enterprises through technology transfer for free to the small and medium enterprises producing goods and services, the results of research from the National Research Program.


Section 5-management of vocational training of article 19 (1) the Government and local public authorities ensure, through appropriations from the State budget or local budgets, as well as by programs supported by international organizations or other sources, full or partial funding of training programmes intended for managers and employees of small and medium-sized enterprises.
  

(2) Training Programs will be implemented through: (a) educational institutions) and private, authorized and approved according to the law;
  

b) organizations and centers of assistance and consultancy, aimed at supporting the development of small and medium-sized enterprises;
  

c) training programmes financed by international bodies.
  

(3) small and medium enterprises, with appropriate training to work in various trades, will be able to issue, in accordance with the law, certificates of professional qualification.
  


Chapter 3 programs of development of small and medium enterprises in article 20 (1) the Government will approve the annual incentive programs and stimulating the establishment and development of small and medium-sized enterprises on the basis of programmes prepared by the National Agency for small and medium enterprises, in consultation with the Chambers of Commerce and industry and the employers of small and medium enterprises.
  

(2) at the level of administrative-territorial units of the development programs of small and medium-sized enterprises shall be approved by the local public administration authorities, corresponding to their duties, and is financed from own sources and attracted.
  


Article 21 (1) on an annual basis, by the law of the State budget is allocated funds to finance development programmes and measures to support the establishment of new enterprises and support the development of small and medium enterprises.
  

(2) the amounts allocated for supporting the establishment of enterprises and support the development of small and medium-sized enterprises will be highlighted and tracked separately in the State budget, local budgets and special funds, budgets and the budgets of authorising officers.
  


(3) programs will be carried out by the Ministry for small and medium enterprises and Cooperatives, directly or through organizations or institutions governed by private law. Selecting organizations or institutions governed by private law shall be carried out in compliance with the regulations in force concerning public procurement. Between the designated winner according to the procedure of public procurement and the Ministry for small and medium enterprises and Cooperatives shall conclude a service contract, under which it will proceed to the programme concerned.
  

(4) the ceilings of interest editing services of the programmes for the development of small and medium enterprises, management services and the complementary programs, monitoring, evaluation and control, will be established to approve the budget for each program, but no more than 10% of the amount allocated to the program itself.
  

(5) the amounts allocated to this item can also be used to cover their own costs of authorising officers, only to the extent that their activities, devoted to enhancing small and medium enterprises, and their own expenses related can be highlighted and tracked as distinct.
  

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Alin. (3) art. 21 was amended by EMERGENCY ORDINANCE nr. 37 of 21 March 2002, published in Official Gazette No. 223 of 3 April 2002; modified by law nr. 434 of 27 June 2002, published in Official Gazette No. 502 of 11 July 2002.


Article 21 ^ 1 Repealed.
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Art. 21 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 297 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000, amended by law No. 415 of 18 July 2001 published in the Official Gazette No. 406 of 23 July 2001; repealed by law No. 345 of 1 June 2002, published in Official Gazette No. 371 of 1 June 2002.


Article 21 ^ 2 Repealed.
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Art. 21 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 297 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000, amended by law No. 415 of 18 July 2001 published in the Official Gazette No. 406 of 23 July 2001, repealed by law No. 414 of 26 June 2002, published in Official Gazette No. 456 of 27 June 2002.


Article 21 ^ 3 Repealed.
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Art. 21 ^ 3 was introduced by EMERGENCY ORDINANCE nr. 297 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000, amended by law No. 415 of 18 July 2001 published in the Official Gazette No. 406 of 23 July 2001, repealed by law No. 414 of 26 June 2002, published in Official Gazette No. 456 of 27 June 2002.


Article 21 ^ 4 Repealed.
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Art. 21 ^ 4 was introduced by EMERGENCY ORDINANCE nr. 297 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000, amended by law No. 415 of 18 July 2001 published in the Official Gazette No. 406 of 23 July 2001; repealed by law No. 345 of 1 June 2002, published in Official Gazette No. 371 of 1 June 2002.


21 Repealed article ^ 5.
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Art. 21 ^ 5 was introduced by EMERGENCY ORDINANCE nr. 297 of 30 December 2000 published in MONITORUL OFICIAL nr. 707 of 30 December 2000; repealed by ORDINANCE No. 7 of 19 July 2001 published in the Official Gazette No. 435 from august 3, 2001; repealed by law No. 415 of 18 July 2001 published in the Official Gazette No. 406 of 23 July 2001; repealed by law No. 493 of 11 July 2002, published in Official Gazette No. 543 of 25 July 2002.


Chapter 4-financial and economic Facilities, tax and banking to be granted to small and medium enterprises with private capital Article 22 Repealed.
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Art. 22 was repealed by EMERGENCY ORDINANCE nr. 215 of 29 December 1999, published in Official Gazette No. 649 of 30 December 1999, rejected the law. 285 of 5 June 2001 published in the Official Gazette No. 306 of 11 June 2001; repealed by EMERGENCY ORDINANCE nr. 17 of March 14, 2000, published in MONITORUL OFICIAL nr. 113 from 15 March 2000 repealed by law No. 345 of 1 June 2002, published in Official Gazette No. 371 of 1 June 2002.


Article 23 Repealed.
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Art. 23 was repealed by EMERGENCY ORDINANCE nr. 217 of 29 December 1999, published in Official Gazette No. 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE nr. 6 of 18 February 2000 published in MONITORUL OFICIAL nr. 74 of 21 February 2000 rejected by law No. 294 of 5 June 2001 published in the Official Gazette No. 303 of 8 June 2001; repealed by law No. 189 of 17 April 2001 published in the Official Gazette No. 196 of 19 April 2001.


Article 24 Repealed.
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Art. 24 was repealed by EMERGENCY ORDINANCE nr. 217 of 29 December 1999, published in Official Gazette No. 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE nr. 6 of 18 February 2000 published in MONITORUL OFICIAL nr. 74 of 21 February 2000, rejected by law No. 294 of 5 June 2001 published in the Official Gazette No. 303 of 8 June 2001; repealed by law No. 189 of 17 April 2001 published in the Official Gazette No. 196 of 19 April 2001.


Article 25 Repealed.
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Art. 25 was repealed by EMERGENCY ORDINANCE nr. 215 of 29 December 1999, published in Official Gazette No. 649 of 30 December 1999, rejected the law. 285 of 5 June 2001 published in the Official Gazette No. 306 of 11 June 2001; repealed by EMERGENCY ORDINANCE nr. 17 of March 14, 2000, published in MONITORUL OFICIAL nr. 113 of 15 March 2000.


Article 26 Repealed.
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Art. 26 was repealed by EMERGENCY ORDINANCE nr. 217 of 29 December 1999, published in Official Gazette No. 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE nr. 6 of 18 February 2000 published in MONITORUL OFICIAL nr. 74 of 21 February 2000, rejected by law No. 294 of 5 June 2001 published in the Official Gazette No. 303 of 8 June 2001; repealed by law No. 189 of 17 April 2001 published in the Official Gazette No. 196 of 19 April 2001.


Article 27 Repealed.
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Art. 27 was repealed by article. 86 from ORDINANCE No. 73 of 27 august 1999, published in Official Gazette No. 419 of 31 august 1999, repealed, in turn, of ORDINANCE No. 7 of 19 July 2001 published in the Official Gazette No. 435 from august 3 2001, approved by law No. 493 of 11 July 2002, published in Official Gazette No. 543 of 25 July 2002; repealed by article. 5 of the EMERGENCY ORDINANCE nr. 217 of 29 December 1999, published in Official Gazette No. 650 of 30 December 1999; repealed by EMERGENCY ORDINANCE nr. 6 of 18 February 2000 published in MONITORUL OFICIAL nr. 74 of 21 February 2000, rejected by law No. 294 of 5 June 2001 published in the Official Gazette No. 303 of 8 June 2001; repealed by law No. 189 of 17 April 2001 published in the Official Gazette No. 196 of 19 April 2001.


Article 28 of the Government set up the national credit guarantee for small and medium enterprises, which will have branches in every county resident.


Article 29 the national credit guarantee for small and medium enterprises set up in the form of company stock, according to the law No. 31/1990 on the companies, republished.


Article 30 of the National Fund of credit guarantee for small and medium-sized enterprises expressing themselves registered shares with nominal value of 1,000,000.


Article 31 Actions the National Fund of credit guarantee for small and medium-sized enterprises may be admitted to listing on a stock exchange or traded on any other organised securities market.


Article 32 National Fund of credit guarantee for small and medium enterprises cannot function until after full paying-up of capital subscribed.


Article 33 of the National Fund of credit guarantee for small and medium-sized enterprises may be increased through the issuance of shares or bonds convertible into shares.


Article 34 (1) the share capital of the National Fund of credit guarantee for small and medium enterprises, established since its Foundation, is 50,000,000,000 lei, with the source of State budget allocations.
  

(2) the share capital of 50,000,000,000 lei will be increased, for a period of 5 years, with 0.4% of budgetary revenues.
  


Article 35 the national credit guarantee for small and medium enterprises has as activity exclusively to guarantee loans or other financing instruments which can be obtained by small and medium enterprises from commercial banks or other sources.


Chapter 5 Coordinating policies and programmes for the development of small and medium enterprises Article 36 assures the co-ordination of Government and measures to encourage and facilitate the development of small and medium enterprises, their monitoring and evaluation, National Agency for small and medium-sized enterprises.
Organization and functioning of the national agency of small and medium enterprises shall be approved by decision of the Government.


Article 37


(1) no later than 30 October each year the Government presents an annual report to Parliament on the development of the sector of small and medium enterprises, how they correspond to the needs of small and medium enterprises of the macroeconomic framework, the legal framework and the institutional policies of encouraging and stimulating their implementation stage and adopted, the measures taken and the effects observed. The annual report should be accompanied by programmes for the development of small and medium enterprises which are to be undertaken in the following calendar year, for approval by the Parliament of the inclusion of funds estimated to be prescribed in the State budget law for the next year.
  

(2) the annual report must reflect the results of consultations with organizations and entrepreneurs owed and other structures of the business environment and of civil society stakeholders.
  


Chapter 6 Penalties in article 38 (1) unjustified Refusal of issuance, authorisation or licence for the operation of small and medium enterprises of the time delay in releasing them by public institutions, are empowered under article. 5, 9 and 10, are subject to and shall be sanctioned with a fine of 5,000,000 to 10,000,000 lei lei.
  

(2) failure by companies and national companies with majority state capital, as well as by the autonomous administrations of the obligations laid down in article 21. 12(3). (2) and in article 8. 15 para. (4) constitutes contravention and shall be sanctioned with a fine of 25,000,000 lei la 50,000,000 lei.
  

(3) failure to comply with the obligation laid down in article 21. 13 constitutes contravention and shall be sanctioned with a fine of MDL MDL 75,000,000 150,000,000.
  

(4) the penalties shall be applied individually to persons who have committed that offence, employees of companies and national companies with majority state capital as well as autonomous public corporations or members of the Board of Directors.
  

(5) the income obtained on the basis of concession contracts, lease or joint venture for assets or spaces belonging to national companies or companies in which the State is a major shareholder, as well as autonomous public corporations shall be taxed by 90%.
  

(6) companies and national companies with majority state capital, as well as the autonomous administrations will pay for premises, equipment and machinery that were not offered to small and medium enterprises in the sale or lease, a penalty of 1% of their book value. The penalty will be made come from the State budget or local budget.
  

(7) the finding of violations and sanctions are carried out by authorized persons of the National Agency for small and medium enterprises.
  

(8) the Contraventions Regime referred to in paragraph (1) to (3) shall be completed properly with the provisions of law No. 32/68 *) relating to the establishment and sanctioning of offences, with the exception of the provisions of art. 25-27. (9) Government will regularly index the amount of fines by the rate of inflation.
  

— — — — — — — — — — — — *) Law No. 32/1968 was repealed Ordinance No. 2 of 12 July 2001 published in the Official Gazette No. 410 of 25 July 2001 approved by law No. 180 of 11 April 2002.


Chapter 7 transitional provisions Article 39 (1) Funding programmes for the development of small and medium enterprises and contracting activities covered by these programs, under the provisions of art. 20 and 21, shall be made by the exemption from the provisions of art. 22, 38 and 79 of the Act nr. 72/1996 on public finances.
  

(2) within 60 days after the date of entry into force of this law the Government will approve, on the basis of proposals from the Ministry of finance and the National Agency for small and medium enterprises, detailed rules concerning the manner of funding programs and measures stimulating the establishment and development of small and medium-sized enterprises, under the provisions of art. 20 and 21.
  


Article 40 development programs of small and medium enterprises, approved according to this law, shall be financed from the State budget or local budgets, funds from international organizations or other sources.


Article 41 (1) of the Government Ordinance No. 12/1993 *) procurement, republished in the Official Gazette of Romania, part I, no. 281 of 4 December 1995, as amended, does not apply in the cases referred to in article 1. 15 and 16.
  

(2) the date of entry into force of the present law shall repeal Ordinance No. 25/1993 on stimulating small and medium enterprises, approved and amended by law No. 83/1994 and republished in the Official Gazette of Romania, part I, no. 301 of 24 October 1994, with subsequent amendments.
  

— — — — — — — — — — — — *) Order No. 12/1993 was repealed by Emergency Ordinance nr. 60 of 25 April 2001 and published in the Official Gazette No. 241 of 11 May 2001, which was approved by law No. 212 of 19 April 2002.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 17 June 1999, in compliance with the provisions of art. 74 para. (2) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ION DIACONESCU P. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS-----