Law No. 17 Of 6 March 2000 Concerning The Social Welfare Of Older Persons

Original Language Title:  LEGE nr. 17 din 6 martie 2000 privind asistenţa socială a persoanelor vârstnice

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Law No. 17 of 6 March 2000 (* republished *) (* updated *) on social welfare of older persons *) (updated up to June 30, 2016 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. II of law No. 281/2006 modifying and completing law No. 17/2000 on social welfare of older persons, as published in the Official Gazette of Romania, part I, no. 600 of 11 July 2006.

Law No. 17/2000 has been published in the Official Gazette of Romania, part I, no. 104 of 9 March 2000.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 (1) elderly persons entitled to social assistance, in accordance with the provisions of this law, in relation to the situation of sociomedicală and with economic resources at their disposal.
  

(2) social support measures provided for in this law are complementary to those covered by the social security system.
  

(3) elderly persons benefiting from social assistance are entitled to other forms of social protection, in accordance with the law.
  

(4) are considered elderly, for the purposes of this Act, persons who have reached the retirement age established by law.
  


Article 2 social care for the elderly is achieved through social services and benefits.


Article 3 shall benefit from the provisions of this law, the elderly person art. 1 (1). (4), which is found in one of the following situations: a) has no family or dependants or persons bound to it, according to the legal provisions in force;
  

b) does not have housing nor able to provide living conditions on the basis of own resources;
  

c) don't realize their own income or they are not sufficient to ensure the necessary care;
  

d) cannot be managing single or require specialized care;
  

e) is unable to ensure the needs of sociomedicale, because of disease physical or mental condition of the times.
  


Chapter II the social services and benefits section 1 assessment of the situation of elderly persons requiring social assistance Article 4 elderly Needs shall be assessed by a social survey to be drawn up on the basis of data on diseases requiring special care, ability to managing and to meet the requirements of normal daily life, living conditions, as well as actual or potential income considered for ensuring the minimum needs of life.


Article 5 the needs of older people flying in a situation of total or partial loss of autonomy, which can be medical, sociomedicală, psihoafectivă, shall be determined on the basis of national scale for assessing the needs of older people, which provides criteria for the employment levels of dependency.


Article 6 (1) National Grid needs assessment of older people are approved by decision of the Government on the proposal of the Ministry of labour, family and social protection *) and Ministry of health *).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) National Grid needs assessment of older people was approved by Government decision No. 886/2000, published in the Official Gazette of Romania, part I, no. 507 of 16 October 2000.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) National Grid needs assessment of older people may be revised annually and, necessarily, once every 3 years.
  


Section 2 community services for the elderly in article 7 (1) Community Services for the elderly who find themselves in the situations referred to in article 1. 3 is done with their consent and have in mind: a) the temporary or permanent care at home;
  

b) temporary or permanent care in a home for the elderly;
  

c) care in day care centres, clubs for the elderly, nursing homes, apartments and social housing, and the like.
  

(2) where the health of the elderly person does not allow its consent for care specified in paragraph 2. (1) the decision shall be taken by the social services of the local Council or the Directorate of social welfare within divisions of labor, social solidarity and family and the municipality of Bucharest, on the basis of the investigation of the social and medical recommendations made by your family doctor, in consultation with and with the consent of the specialist doctor, relatives of the person concerned or, in the absence , with the agreement of another family member.
  

(3) In the event of death of the person lacking legal elderly supporters, or when they are unable to fulfil their family obligations due to health status or precarious economic situation, community services ensure the funeral.
  


Article 8 community elderly Services provided at home are: a) social services relating to mainly caring person, the prevention of social exclusion and support for social reintegration, legal advice and administrative support to pay current obligations and services, housing and household care, aid for housekeeping, food preparation;
  

b) sociomedicale services concerning, mainly, for the achievement of personal hygiene, physical and psychological rehabilitation, capacity building, adaptation of housing to the needs of the elderly person and economic activities, social and cultural, as well as temporary care in day care centres, night shelters or other specialized centers;
  

c) medical services, in the form of consultations and medical care at home or in health establishments, consultations and dental care, medication administration, provision of sanitary materials and medical devices.
  


Article 9 (1) of the Community Counselling Services in order to prevent social exclusion and to social reintegration, without payment of a contribution, as a fundamental right of the elderly, by social workers.
  

(2) the services referred to in article 1. 8 lit. ) and b) ensure without payment of the contribution of older people who, as assessed according to national scale for assessing the needs of older people, have no income.
  

— — — — — — — — —-. (2) of article 9. 9 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 10 elderly people falling into the national grid needs assessment of older people, entitled to avail themselves of the services referred to in article 1. 8 lit. the a and b)) and realize the income, benefit services pay a contribution, depending on the type of services provided and the income of the person, without exceeding the cost calculated for the period. The types of services and the cost thereof shall be established by the local public administration authorities, in compliance with the provisions of the law.
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Art. 10 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 11 of the Medical Services. 8 lit. c) are awarded on the basis of legal regulations relating to health and social security.


Article 12 (1) the Organization of services under art. 8 lit. ) and b) local public administration authorities through public social welfare services directly or on the basis of partnership agreements and contracts concluded with other social services, whether public or private providers of social services that hold the operating licence for home care services.
  

(2) for the purposes mentioned in paragraph 1. (1) and. 119 paragraph 1. (1) of the law on social assistance 292/2011, with subsequent amendments, local public administration authorities through public service and social welfare through the contracting Department, shall take into account the following: a annual estimate of the number) of older dependent that requires support for the basic activities of daily life;
  

(b) an estimate of the number of older people) who do not receive aid for the performance of activities of daily life instrumental on behalf of informal carers and volunteers;
  

c) developing indicators of efficiency cost/benefit.
  

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Art. 12 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 13 (1) to ensure the home care elderly person flying in a situation of dependency sociomedicală, established in accordance with national grid needs assessment of older people, local councils can hire personal care by paying by the hour, fractions of full-time or part-time, depending on the time period necessary to give care and respecting the criteria laid down in the quality standards applicable in the field According to the legislation in force.
  

— — — — — — — — — —-. (1) of article 1. 13 was amended by section 1 of article. IX of the EMERGENCY ORDINANCE nr. 43 5 May 2010, published in MONITORUL OFICIAL nr. 316 of 13 May 2010.


(2) the spouse and relatives of the elderly dependent care a person may benefit from reduced monthly working schedule, a half-time, with other duties being taken over for half-time from local budget, the gross monthly salary corresponding to its caretaker at home, according to the framework Law No. 284/2010 concerning the remuneration of the staff paid out of public funds, as amended and supplemented. While her husband and his relatives were placed under these conditions shall be deemed, in calculating seniority, time worked full-time.
  

— — — — — — — — —-. (2) of article 9. 13 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

(3) Repealed.
  

— — — — — — — — — —-. (3) art. 13 was repealed by section 2 of art. IX of the EMERGENCY ORDINANCE nr. 43 5 May 2010, published in MONITORUL OFICIAL nr. 316 of 13 May 2010.


Article 14 the Community Services provided senior citizens in nursing homes are: a) social services, consisting of:-aid for housekeeping;
-legal and administrative advice;
-Prevention of social exclusion and social integration in relation to the capacity of the psihoafectivă;

b) sociomedicale services, which consist of:-aid for maintaining physical or intellectual capacities readjustment times;
-provision of occupational therapy programs;
-support for achieving bodily hygiene;

c) medical services, which consist in:-consultations and medical treatments in the medical institutions of profile or to the bed of the person, if it is grounded;
-health care-nursing;
-ensure drugs;
-supply of medical devices;
-consultations and dental care.


Article 15 at the request of non-governmental organisations, organisations of pensioners or of worship recognised in Romania, hostels can provide some services. 14, some elderly care at home, on the basis of agreements concluded with the funder.


Article 16 (1) the care of older people in nursing homes represents a measure of social welfare and can be ordered as an exception for people who find themselves in one of the situations referred to in article 1. 3. (2) access to an elderly in fireplace is made taking into account the following criteria: priority to healthcare) require permanent, which cannot be provided at home;
  

b) cannot be managing single;
  

c) lacks legal supporters or unable to perform its obligations due to health status or economic situation and family tasks;
  

d) does not have housing and do not realize their own income.
  


Article 17 social activities and sociomedicale provided for in this law shall be monitored and will be evaluated by the specialized personnel within the apparatus of the local councils and divisions of labor, social solidarity and family and the municipality of Bucharest.


Section 3-the Organization and operation of the facilities for elderly persons and article 18 (1) Home for elderly welfare is an institution with its own legal personality, established, organized and funded according to the provisions of this law, in order to ensure care services for an indefinite period, the residential system.
  

— — — — — — — — —-. (1) of article 1. 18 was amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

(2) ensure the proper conditions of the Homes hosting and food, medical care, recovery and rehabilitation, occupational therapy and activities of leisure, social and psychological assistance.
  

(3) for Homes for the aged, nursing homes and homes for the aged, chronically ill in existence at the date of entry into force of the present law or which will be put into use at a later date, will be in the form of residences for the elderly, with sections for dependent persons: (a));
  

b) semidependente persons;
  

c) persons who are not dependent.
  

(4) For the proper functioning of the dormitories for elderly persons and directions of work, social solidarity and family and the municipality of Bucharest will provide methodological guidance and coordination of the specialized work required.
  

(5) the running costs of the home for elderly persons is ensured in compliance with the principle of subsidiarity, in the following order: a) of own incomes, receivable from contributions of elderly and/or, where appropriate, of the guardians of their supporters;
  

b) of appropriations from the local budgets of the units/administrative-territorial subdivisions;
  

c) from the State budget to supplement the amount-referred. the a and b)) amounts broken down from the value added tax, at the rate of not more than 10% of fixed annually by the Ministry of labour, social protection and the family, the Elderly, the drafting of the State budget, on the basis of minimum standards of cost approved by the Decree of the Cabinet of Ministers, under the terms of URlegii.*) — — — — — — — — —-. (5) article. 18 was amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

(6) the amounts allocated under the provisions of paragraph 1. (5) (a). c), broken down by counties on a proposal from the Ministry of labour, social protection and Family, senior citizens, approved through the law separate annex budget allocated by the State and on the territorial-administrative units by decision of the Regional Director General Department of public finance/Chief of administration of public finances of the County, on a proposal from the County agency for social payments and inspection of Bucharest respectively based on the basis of requests from the local public administration authorities.
  

— — — — — — — — —-. (6) article. 18 was introduced by paragraph 6 of article 19. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 19 the main objectives of a home are: a) to ensure the maximum practicable neat elderly autonomy and safety;
  

b) provide care conditions which respect the identity, integrity and dignity of citizens;
  

c) to enable the maintenance or improvement of the physical and intellectual capacities of older persons;
  

d) to stimulate the participation of older people in social life;
  

e) to facilitate and encourage interpersonal ties, including families of older people;
  

f) to ensure the necessary supervision and medical care, according to the social security regulations of health;
  

g) to prevent and treat the consequences related to the aging process.
  


Chapter III Financing of social assistance for the elderly section 1 budgetary funds financing Article 20 Funding social welfare services and benefits provided for in this law shall ensure the principle of sharing responsibility between the Central Government and the local.


Article 21 (1) Of the State budget is allocated for the financing of activities): social welfare carried out by associations and foundations with legal personality, as well as religious establishments in Romania;
  

(b) investment and expenditure) overhauls to social assistance units from less-favoured areas;
  

c current expenditure financing) of the dormitories for elderly persons under the provisions of art. 18 paragraph 1. (5) (a). c);
  

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Lit. c) of paragraph 2. (1) of article 1. 21 amended by point 7 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.
c ^ 1) funding of national interest programs intended development and sustainability of social services for the elderly.
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Lit. c ^ 1) para. (1) of article 1. 21 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

d) other expenses as determined by the annual budgetary laws.
  

(2) the local budgets is allocated funds for: (a) in addition to the amounts earmarked) income of the dormitories. 18 paragraph 1. (5) (a). a);
  

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Lit. of paragraphs 1 to 5). (2) of article 9. 21 amended by point 9 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.
the ^ 1) financing of capital expenditure of subordinate and to ensure local composition projects receiving external funding grants, implemented by them;
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Lit. the ^ 1) para. (2) of article 9. 21 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

b) funding social welfare activity of associations and foundations with legal personality, as well as religious establishments in Romania;
  

c expenses for financing organization) and operation of community welfare services, as well as for home based care article. 13;
  

d) expenditure for funeral asistaţilor, in the situation referred to in article 1. 7 para. (3).
  


(3) Sponsorship and donations in cash or in kind, made by Romanian natural and legal persons and foreign sites for elderly persons or other institutions and social welfare units. 7 para. (1) (a). (c)) shall be used in compliance with the provisions of law No. 273/2006 on local public finances, with subsequent amendments and additions.
  

— — — — — — — — —-. (3) art. 21 has been changed from point 11 of article 1. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 22 the investments for the construction, equipping, maintenance, upgrading, and expenses for the operation of serving several administrative-territorial units shall be financed according to the conventions concluded between the investor and the local councils.


Article 23 (1) the expenditure on medical services, sanitary materials and drugs, medical devices, shall be covered from funds and under the regulations relating to health and social security.
  

(2) such costs shall be borne not out of funds for health insurance, according to the law, are the responsibility of the home for the elderly, which is achieved through the assistance of the person concerned.
  


Section 2 of the contribution of older people, or their relatives, guardians of Article 24 (1) elderly persons who have income and are cared for in homes organized according to this law, as well as supporters of their guardians have the obligation to pay the monthly maintenance contribution, based on the average monthly cost of maintenance.
  

(2) elderly persons who have no income and no legal supporters owe maintenance contribution, which is secured from local or County, as applicable, within the limits determined by them.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 24 was repealed by item 12 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 25 (1), the average monthly Cost of maintenance shall be determined annually by the local councils and/or County, as applicable, before adopting their own budgets.
  

(2) the average monthly maintenance Cost is established according to the degree of dependency of the person cared for elderly and take into account the totality of the current expenditure of the home for the elderly, but minus the amounts received from the single national health insurance to finance personal rights of medical personnel and medicines.
  

— — — — — — — — —-. (2) of article 9. 25 has been amended item 13 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 25 was repealed by article item 14. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

(4) the average monthly Cost of maintenance shall ensure that the level of minimum standards of quality and cannot be smaller than the standard minimum cost approved by decision of the Government, in accordance with the law.
  

— — — — — — — — —-. (4) article. 25 has been amended point 15 of article 2. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.

(5) Cover the full value of the monthly contribution is determined as follows: a) elderly persons who have income and are cared for in the home due to the monthly maintenance contribution in the amount of up to 60% of the monthly personal income, without exceeding the average monthly cost of maintenance for each approved fireplace;
  

b) up to the difference in the value of integrals of the monthly maintenance contribution shall be paid by the guardians of older supporters cared for in nursing homes, if carried out, the monthly income per family member receives more than 782 million lei;
  

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Lit. b) of paragraph 2. (5) article. 25 has been amended by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.
b ^ 1) amount referred to in (a). b) are indexed by decision of the Government, according to the index of consumer price growth projected year/year;
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Lit. b ^ 1) para. (5) article. 25 was introduced by section 2 of art. IV of the EMERGENCY ORDINANCE nr. 118 from October 1, 2008, published in MONITORUL OFICIAL nr. 680 of 3 October 2008.

c) proponents of legal cover their own monthly contribution through a full commitment.
  

(6) if the application of the quota referred to in paragraph (5) (a). of the total amount) cover the monthly contribution, legal advocates are no longer held by the obligation to support the payment of the difference in contribution.
  

(7) the obligation to pay the monthly maintenance contribution borne by elderly person and/or legal supporters is determined through a payment commitment, signed by the elderly person, his legal representative, where appropriate, and/or legal Sustainer. Pledge payment shall be enforceable.
  

(8) the obligation to pay the monthly contribution in task can establish legal supporters and by court order.
  


Article 26 Repealed.
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Art. 26 was repealed by article 17 pct. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Chapter IV procedure for determining the termination, suspension of rights and social welfare for the elderly in article 27 social assistance shall be granted at the request of the person concerned, the elderly of the legal representative thereof, the Court, the specialized personnel within the City Council, the police, the pensioners, of worship recognised in Romania or nongovernmental organisations which have as their object of social activity of older persons.


Article 28 (1) the right to social assistance, as provided for by the present law, shall be determined on the basis of social investigation, while respecting the criteria laid down in the national grid needs assessment of older people.
  

(2) the survey shall be carried out by a social collective consisting of 2 social workers within the local Council or the Directorate of labour, social solidarity and family or County of the municipality of Bucharest. In the case of older dependent ensemble will fill with the practitioner of the person concerned.
  

(3) personnel of the paragraph. (2) can be completed, and with representatives of the pensioners ' organizations, religious establishments in Romania or other non-governmental organizations which have as their object of social activity of older persons.
  

(4) on the basis of the analysis of the situation of social, economic and medical person elderly through social investigation is proposed social assistance measure justified by the facts established.
  


Article 29 the approval, rejection, suspension or termination of the right to social welfare services for the elderly, provided for by the present law, shall be made by: a), in respect of services of social welfare organized locally, in care homes that are in administration and for home care;
  

b) Director-general of the Directorate of labour, social solidarity and family and the municipality of Bucharest, for the social assistance granted by the Romanian associations and foundations and religious establishments in Romania, who received transfers from funds managed by the Ministry of labour, family and social protection).
  


Article 30 (1) a guardianship authority or, where appropriate, legal advisers employed by the local Council in whose territorial RADIUS residing elderly person are required to provide, at its request, free advice in concluding legal acts of sale, donation or real estate guarantees loans that have as their object movables or immovable property of the elderly person concerned.
  

(2) elderly Person, as defined in article 10. 1 (1). (4) you will be assisted, upon request or ex officio, as appropriate, with a view to the conclusion of a legal act of alienation, with consideration of the time free of charge in assets that belong to him, for the purpose of his maintenance and care, a representative of the guardianship of the City Council in whose territorial RADIUS elderly person residing therein.
  

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Art. 30 was amended by section 1 of article in law No. 270 of 7 November 2008, published in MONITORUL OFICIAL nr. 768 of 14 November 2008.


Article 31 the obligation of maintenance and care, as well as the practical arrangements of their execution will be specifically mentioned in the legal act concluded by the notary public.


Article 32 the local guardianship authority of the Council in whose territorial RADIUS residing elderly person will receive a copy of ex officio legal act concluded in accordance with article 4. 30 and 31.


Article 33 non-performance of the obligation of maintenance and care of the new owner of the property obtained as a result of the legal act of alienation may be seised of a guardianship of the local Council in whose territorial RADIUS residing elderly person by any natural or legal person concerned. Guardianship authority may seize and ex officio.


Article 34


(1) within 24 hours of referral registration guardianship authority will require public service for social assistance or, where appropriate, by the specialized compartment constituted according to the law under the control of the local Council in whose territorial RADIUS is domiciled elderly person to conduct an investigation in social within 10 days of the request.
  

(2) a guardianship authority of the local Council in whose territorial RADIUS residing elderly person establishes, pursuant to article. 33 the social survey, will propose the measures necessary for the enforcement of the legal provisions enshrined in the Act ended and will be able to apply to the Court for maintenance contract in his own name and in the interest of the person maintained.
  

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Art. 34 was amended by section 2 of article in law No. 270 of 7 November 2008, published in MONITORUL OFICIAL nr. 768 of 14 November 2008.


Article 35 (1) the right to social welfare services is terminated if no longer met the conditions for granting them.
  

(2) if the period in which the social welfare of older persons is temporary, but not more than 6 months, the granting of social assistance services shall be suspended by reasoned decision of the person who laid down the law. At the end of the suspension, resumption of grant services or social benefits is made on the basis of social inquiry.
  


Article 36 the decision on the establishment, termination or rejection, suspension of entitlement to social welfare services provided for by this law may be appealed according to the law on administrative courts no. 29/1990).

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) administrative courts Law No. 29/1990 was repealed and replaced by the law on administrative courts no. 554/2004, published in the Official Gazette of Romania, part I, no. 1,154 of 7 December 2004.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Breach of the provisions of Article 37 of this law shall entail disciplinary, material, civil or criminal, as appropriate.


Article 38 the Ministry of labour, family and social protection) ensures methodological guidance, coordinate, monitor and evaluate the implementation of the provisions of this law.


Chapter V final and Transitional Provisions Article 39 local public administration authorities, depending on the conditions of their possession, may be established according to the law, as households autofinanţate activities in order to improve the food.
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Art. Amended 39 of point 18 of the art. From the EMERGENCY ORDINANCE nr. 34 of 28 June 2016, published in MONITORUL OFICIAL nr. 488 of 30 June 2016.


Article 40 the present law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I.


Article 41 on the date of entry into force of this law shall be repealed Decree nr. 253/1971 maintenance contribution in healthcare institutions, published in the Official Gazette, part I, no. 90 of 30 July 1971, and any provisions to the contrary.

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