LAW No. 19 of December 16, 1971 * Republished with regard to pricing and tariffs of ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 3 of 12 January 1977 Reprint under art. IV of the Council of State Decree No. 392 on 2 December 1976, published in b. Of. Nr. 104 of 4 December 1976, realizing a new numbering is articles and replacing it, according to art. The Decree noted, the term "cost price" with the term "costs".
Chapter 1 General provisions Article 1 In the Socialist Republic of Romania the prices and tariffs must reflect the social costs of production, to take account of the value of their products and contribute to the realization of the policy of the party and rule of development in a high rate of national economy and the growth of labour productivity, reduce cost, harnessing the systematic rational resource materials and labor promoting technical progress, improving product quality and increasing the living standards of all the people.
The State sets the price policy, organize and monitor the implementation thereof and ensure compliance with legality and strengthening discipline prices.
Article 2 the price system from national economy includes the following categories: the manufacturers ' prices of), returning to industrial establishments, construction-Assembly works, as well as other agricultural producers;
b) delivery prices, the products circulating between Socialist units, with the exceptions provided for in other laws;
(c) the retail price) for the disposal of construction and execution of the works to the public;
d) tariffs for services granted to population and Socialist units.
The contents of each category, the manner of selecting and implementing change, prices and tariffs, as well as the powers of the central bodies, bodies of local State-owned units, cooperative and other public organizations, are those laid down in this law.
The assimilation of the categories of prices with those in force under this article shall be carried out according to annex II.
Article 3 In accordance with the requirements of economic and social policy, and according to the conditions of production and sales, prices and tariffs. 2 can be:-fixed, to be applied to the level at which they were established;
-limit, which means a maximum level that cannot be surpassed, and in which they will be able to set lower prices or practices; in some cases it will be able to determine the minimum price limits.
Fixed prices and tariffs or limit can be single or differentiated.
Unique prices and tariffs apply throughout the country, of all organs and Socialist units producing and sales for the main products and services of great importance for the national economy and standard of living of the population.
Differentiated prices and tariffs shall be fixed at different levels depending on the areas, counties, townships or pools.
Fixed prices and tariffs or limit can be differentiated and seasons, producers, by destination or category of beneficiaries.
Prices and tariffs. 2 may be established for a limited period of time, after which it lapses.
Article 4 price Categories and rates. 2 of this law shall be drawn up envisaging the following:-antecalculate costs, which comprise the totality of the regulated expenses necessary goods or of rendering of the service;
-benefit, which helps ensure reproduction adits and the retention of economic entities and collectives working people for meeting and overcoming all the indicators.
The above elements are added, where appropriate:-turnover tax or other levies to the State budget, according to economic and financial policy of the State;
-commercial allowance (addition), intended to cover expenses for the sale of goods and the provision of a benefit to commercial organizations.
Chapter 2 Cost-based pricing Article 5 At the basis of any categories of prices should stay costs, which include the following: expenditure of) raw materials;
b) fuels, energy, water;
c) wage and contributions on the remunerations;
(d) depreciation of fixed funds);
(e) expenses for the introduction of technology);
f) interest and other expenses money.
These cost elements are adapted to the specific requirements of each branch.
For the calculation, analysis and control of costs, the costs of product manufacturing and selling referred. a)-(f) above) plan, are highlighted and reported on the calculation and items are grouped in the direct expenditure and overheads (directing).
The pricing, calculation of these expenses shall be based on the rules for raw materials, fuel and energy, the rules, the rules for depreciation of fixed funds, as well as the financial rules. In order to continue shrinking production spending, ministries, other central bodies, local authorities, and Socialist units producing, are obliged to take measures to reduce consumption norms, depending on the improvement of technology, organisation of work and production and modernization of production. These rules will be reviewed with the preparation plan and whenever necessary during the completion of his.
Raw materials, fuel and energy-derived from multiple sources of supply and for which prices are differentiated according to the providers-count at weighted average price.
Establishments are obliged to pursue as the supply to be made to the nearest provider.
The costing antecalculate is prohibited from taking account of expenditure determined by scrap, fines, penalties and other expenses. Losses from scrap can be envisaged in the antecalculate costs only in exceptional cases, when they are unavoidable from technologically-within the limits set in the manufacturing licenses or in documentation and legal norms approved-and scazamintele of raw materials and finished goods, subject to a regulated trading losses in technology, transportation and storage.
The introduction of new technology is determined by applying the cost percentage quotas set out planned according to the law. Ministries, other Central and local bodies bodies will control systematically the formation and use of the Fund for the introduction of new technology, aiming to use more rational and efficient.
Article 6 the basis for unique price-setting stand average costs at branch level, antecalculate, which shall be determined by taking into account the production expenses of all units that produce the same products.
The prices are fixed, they shall be determined on the basis of antecalculate establishments subordinated to the organ or organization which sets prices.
Pricing will be preceded, in all cases, the critical analysis of the costs of producing each unit-aiming to optimise production, valorization of internal reserves and spending effectively mirroring necessary, justifiable economically, for the manufacture of various products — as well as verification of documentation on product quality.
Article 7 higher Costs caused by unreasonable allocation between units of manufacture of a product, and any other expenses resulting from defective organization unwarranted production and labour, will not be taken into account in pricing.
The costs of manufactured products in establishments or newly established departments shall take into account-up to achieve projected parameters at the level provided for in-documentation of approved technical and economic.
Article 8 is prohibited the creation of reserves-in any form-in antecalculate costs. It is also prohibited from taking into account the additional costs arising from the use of raw materials and higher quality materials and some strengths of qualified labor to those which are necessary for the performance of the product, as well as expenses incurred for the removal of manufacturing defects, with the exception of expenses for warranty execution, within the limits of the rules. Exceptions to these provisions shall be imposed according to law.
Chapter 3 basic rules for determining and applying the price of industrial production Article 9 ministries, other central bodies, local bodies, as well as establishments, are obliged to take measures to lower the cost of, so as gradually to reduce delivery prices of the means of industrial production, contributing to the decline in production spending systematically in all branches of national economy at reducing the cost of investment and increase the efficiency of export.
Article 10 for the industrial means of production shall be determined: (a) production, prices) that ensure that establishments working in normal conditions, organisation and management, cost recovery and a benefit;
b) delivery prices, that is, as a rule, the price level of production; in cases stipulated by law shipping prices include, besides production prices, turnover tax and other levies to the State budget.
Means of production disposed of through the retail network is sold at prices determined in accordance with the provisions of cap. V concerning "basic rules for determining and applying the prices of consumer goods".
Article 11 the prices of means of production are established based on costs determined under the provisions of cap. II of this law.
Section I article 12 Determination of benefit benefit Level branches and subbranch Minde is calculated considering getting some more rentabilitati branches of processing and final rentabilitati lower primary and intermediate branches. The benefit thus determined constitutes a main source for reproductia enlarged in accordance with the policy for the development of the national economy.
Article 13 Benefit determined under the provisions of art. 12 the total costs of the branch or of the agriculture question, yielding performance improvements and thus profitability rate environments, which is determined according to the law. In the case of branches and subramurilor the costs for raw materials have a high share in costs, the benefit can be established in relation to the processing costs.
With average rates of profitability on the branches and subbranch shall be determined and their maximum limits.
Article 14 the rate of profitability on products can be differentiated according to the requirements of economic and policy needs bridging, building on each total branches and subbranch average profitability.
Article 15 ministries, other central bodies, local bodies, as well as establishments are required to systematically examine the cost and to take steps to reduce their continuing growth profitability, thanks and commodity prices and production.
Section II Prices of the means of industrial production article 16 to determine the price level of production and delivery of industrial production facilities will take into account further provided with tools necessary to prices of the various products which express the relationship between the values of their usage, resulting in technical-functional characteristics, durability, aesthetic, and other such features, envisaging production costs , benefit and, if applicable, the tax on turnover.
Article 17 shall be determined according to what Prices. 16 will need to secure the following requirements: (a) economic policy) to stimulate the manufacture of new products, a highly technical and with increased efficiency in that purpose may be taken into account at a higher yield than that of similar products which meet the necessities.
With the pricing at the main products in this category shall be indicated on the time limits to which it will make proposals for the reduction of prices of production, as well as the target amount of such reductions. When these deadlines will regard mainly the normata service fixed funds, technical plan as well as the size of the period during which the types or categories of similar products is worldwide moral wears out.
To the same end, the profitability of old products will be reduced, thus producing units to be interested to replace them with other modern and enhanced efficiency;
b) stimulating recovery of natural resources necessary for the development of the national economy, even in situations where the operation and their use in heavier conditions, building, at the same time, a minimum required efficiency;
c) stimulation of production and consumption of the means of production manufactured in the country;
d) as the rational use of raw materials and materials, and of fuels that can be bound to a valorificari, fixing the prices that result in their conservation and stimulate the use of substitutes. To stimulate the use of replacement materials and wastes will be established for these lower prices in terms of efficiency equal to the beneficiaries. In exceptional cases, the prices will be able to situate the at most deficient replaced;
(e) stimulating cooperation and specialisation) in production, through the establishment and periodic reduction in prices of parts, sub-assemblies and assemblies delivered under the cooperation, thus lowering costs to the products manufactured by specialized units to be reflected in the prices of finished products and, building-supply units are a more stimulative profitability;
f) orientation towards producing higher quality units of production through price differentiation qualities and provide higher benefits for high-quality products;
g) retention of local units producing, State and cooperative enterprises, for harnessing of local raw materials;
h) stimulate the production of spare parts in quantities corresponding to the needs of the national economy, as well as use them sensibly, where end prices of spare parts is determined so that producing units to be provided with a benefit which cointereseze them in the manufacture of the products concerned; the sum of the parts and the price should be higher than the price of the equipment or machine.
Article 18 for the expansion of the manufacture of capital goods intended for autoutilarii, insofar as they cannot be obtained from other suppliers and domestic economic conditions, the prices shall be determined on the basis of a cost and benefit.
In cases where products are intended for autoutilarii set prices for domestic production or-for-greater than those resulting from the provisions of the preceding paragraph, may be applied to the prices in force.
Article 19 where the products referred to in article criteria. 17 leading to the need of establishing prices that include a return more sensitive media on the branch or sub branch, will be established and delivery prices include turnover tax or other levies to the State budget.
Article 20 new products and ranges that are to be executed and put into circulation must show substantial improvements, to constitute a real improvement of the range of existing products, corresponding to the requirements of the national economy and ensure increased efficiency. The assessment of effectiveness will regard mainly the price resulting from correlation to ensure beneficiaries-to effect equal spending useful lower or at the same level as those arising from the use of existing, and similar establishments, establishing an incentive and benefit-where appropriate-of taxes, according to legal norms.
If the new product does not ensure efficiency referred to in the preceding paragraph shall be prohibited to manufacture the product and pricing question. Exceptionally, the Presidential Decree may approve products in this category and pricing where production is justified by the necessities of major national economy.
Article 21 pricing is done on the basis of the rules set out in this law, in compliance with the following conditions: a) for new products, which have their values equal to or superior to existing ones, favouring intended, the prices shall be fixed prices limit replaced.
Assemblies and sub-assemblies prices which reproduce without shifts in technology, dimensional, functional or won't be able to exceed the prices of similar assemblies and sub-assemblies made previously;
b) for new products, intended to hold on to the range, prices are established in line with the prices in force for products of group or sub-group of the new product, without being able to exceed the highest price of the respective group or subgrupei, considered to be the limit.
In cases where it is necessary to manufacture new products with values of far superior compared to existing ones and which justify a price that does not exceed the limits determined under the provisions of subparagraph (a). the a and b)), the prices shall be determined by the competent authorities according to the present law.
The provisions of this article shall not apply if the products are delivered for export.
Article 22 For harnessing the natural resources and production capacities, as well as for rationing of imports, in situations where certain products-thanks to natural conditions of exploitation or manufacture-some units are produced at higher costs, the Council of Ministers may approve the establishment and application of pricing to provide a benefit to each unit, which will be disbursed with the tutelage.
The resulting weighted average price according to the preceding paragraph shall be situated at the level of the single production price set, which carries out deliveries.
Article 23 of the means of production manufactured in small series or performed occasional order, prices may be fixed at a higher level for the products of large series or, due to the additional costs necessary to the production and sale of these products.
Where the products having the character of the series turning into little serial production or mass, prices will be reduced accordingly, as to such production.
Article 24 producer prices and delivery for products with unique character, as well as the occasional orders, intended for investment, repairings or production, that exceed the limits in terms of value to be set according to this law, it will recalculate based postcalculatie. If the actual price will be lower or higher than the set-based antecalculatie, the price will be changed, and the difference will be regularized with the beneficiary not later than 30 days from the date of postcalculului.
Article 25 In exceptional cases where due to new production technologies cannot determine production costs with anticipatie or pricing can't be done by comparison with other products, the price may be established, with the agreement of the beneficiary, on the basis of postcalculatie.
Article 26 with the pricing and conditions is specified.
For internal production stage of delivery is "ex-producer", "ex-warehouse", "free loading station wagon" or other similar terms of franco. Providers and recipients may agree, by contract, that the delivery of the goods to be carried and in other conditions of franco, with reimbursement against legal condition provided for in the Act, franco pricing.
Where it is necessary for the means of production to deliver through organizations and supply outlets, at prices set out shall apply to legal listing added.
Article 27 ministries, other Central and local bodies of the organs of State administration, industrial plants and other facilities in Central, and central organs and organizations and other public organizations, cooperative, will develop, edit and broadcast catalogs, including product names, technical characteristics, prices and delivery condition. The catalogues will be completed at least once a year and adjusted periodically according to the diversification and modernisation of the production or modification of prices approved in accordance with the law.
Section III-of the ceiling Prices for the cars of article 28, installations, equipment, technological lines and aggregates of components of technological lines executed in series or the unique ministries, other central organs, producing and executive committees of councils and popular of the municipality of Bucharest, will fix or will propose legal competence under the ceiling prices, with the completion of the study of assimilation of these products and their prior to the commencement of manufacturing operations.
Ceiling prices to be determined by correlation with the prices of similar products, taking into account the efficiency of the new product at the manufacturer and the recipient, as well as foreign prices, and will be approved by the principal.
Ceiling prices thus fixed shall be communicated to the beneficiaries and designing units concerned.
Article 29 is prohibited any expenses caused by the works prior to the manufacture of new machines, tools, equipment, technological lines and aggregate components of technological lines, before pricing ceiling, except what is financed from the Fund for the new technique.
Article 30 ceiling represents the maximum Prices that cannot be surpassed in the fixing of prices for production and delivery.
Article 31 if producer prices and delivery to be laid down pursuant to article. 25, ceiling prices laid down in art. 28, to be determined on the basis of antecalcul compiled following a survey estimate.
For the products referred to in the previous paragraph with the price ceiling is approved and launch into manufacturing, and the term is the proposal for the establishment of prices of production and delivery, which may not exceed 45 days after the end of production.
Article 32 design Units are obliged to include in their technical and economic studies of investment tools, machines, plants, technological lines and components of aggregates of technological lines which have equal delivery prices set, with these prices, indicind and their legal basis. For those who do not have legally established delivery prices will include ceiling prices laid down under art. 28. the beneficiaries are responsible for its accuracy and check those prices.
Article 33 Designers and beneficiaries are obliged to include in investment projects in the works, first of all the machinery whose efficiency appropriated was checked in production and operation.
Article 34 the manufacturers of machinery, equipment, technological lines and aggregate components of technological lines are obliged as within legally established prices to improve their performance.
If significant changes are made machinery characteristics appropriated, justified by improving technology and increasing the efficiency of the relevant beneficiary, which require higher costs and lead to exceeding the approved prices, will proceed according to the legal provisions on amendments.
Manufacturers will not pass the amendment after approving new products than price.
Chapter 4 basic rules for determining and applying the agricultural products prices Article 35 producers of agricultural products Prices are: a) production, prices for supplies made by agricultural enterprises of the State;
(b) Contracting prices) which apply to products sold to the State on the basis of contracts concluded between the State or cooperative organizations, purchasing and production cooperatives of farmers, their members or individual producers.
In order to foster the growth of agricultural production, improving its quality and increased amounts of recovery-based contracts, may be granted, in addition to this price, price increases and other contractual benefits according to the provisions laid down by law;
(c) the purchase price), which applies to the quantities sold, in addition to contracts, agricultural production cooperatives, their members and individual producers if, according to contractual terms, for the quantities concerned shall not apply to contract prices; buying-in prices shall also apply to products for which there are no set prices according to let. b) above.
State organizations and the cooperative, purchasing, sold agricultural products at reasonable prices.
Article 36 the costs of agricultural plant and animal products derived from agricultural enterprises of the State shall be determined under the provisions of cap. This law, due account of the specific costs of the Community industry, such as those for seeds, fertilizers and animal feed, for works of mechanization, irrigation fees, as well as other specific costs incurred in normal organization, equipment and production.
Article 37 Obvious costs of agricultural products will expand gradually to all agricultural cooperative organizations, due account of the provisions of the preceding article, as well as the specific cooperative sector.
Article 38 the prices of agricultural products shall be determined in the light of Minde: to increase production in) particular to those products which are particularly interested in the national economy, consumption and export;
(b) improving the quality and grading);
c) possibilities of sale depending on application;
d) Achievement Fund centralized under the conditions and quantities provided for by the plan;
e) expenses incurred by the State to finance direct and indirect influence of agriculture;
f) ensuring adequate correlation between plant and animal product prices, between prices for products within these groups and, in particular, between the prices of crop products, which are grown in the same areas of production;
g) harnessing the best land fund;
h) specialization and development of agricultural production in areas favorable;
I) industrial products prices further provided with tools intended for purchasing agricultural material, as well as peasant consumption;
j) retail prices for consumer goods resulting from the processing of agricultural raw materials.
Article 39 with pricing, contract manufacturing, purchase or delivery of the agricultural products, specify terms of delivery covered by price. For the processing of agricultural products to the centralized State stage of delivery free at destination is "", the "ex-producer" or other similar terms.
These contracts can include other conditions than the ones for which franco established prices, with reimbursement.
Where agricultural products are delivered under conditions other than those laid down by the quality, the price is calculated according to their actual quality, according to the law.
Section I the prices of products supplied from the State agricultural enterprises Article 40 producer prices of crop products and livestock, supplied by the State agricultural enterprises from the central Fund, cover-besides the average costs per country or in certain areas-and a benefit determined under the conditions laid down in chapter II. III, section 1 of this Act.
For other destinations, the prices thus fixed added, according to the law, the tax on turnover.
In the case of plant protection products, of particular importance for consumption or for export, which are grown on large areas with fertility much differentiated from some State agricultural units achieved higher costs, settlement products in question with the guardianship bodies can be done at the cost of the planned units and a minimum benefit. The resulting weighted average price according to the preceding paragraph shall be situated at the level of the single production price set, which carries out deliveries.
Article 42 in order to stimulate and highlight the contribution of each unit of agricultural State and their subunits to reduce costs of production, agricultural products will be delivered between the units and subunits of the State agricultural producer prices legally established.
Section II-of the prices of products supplied from the cooperative organizations, their members and individual producers Article 43 of contracting Prices and purchase of agricultural cooperative organizations, their members and individual producers shall be established on the land of single or differentiated zones, on the basis of costs of production required in normal production, so as to ensure their recovery and any particular benefit. In some cases, price differentiation can be done by granting bonuses to unique areas on land.
The substantiation of prices of agricultural products will be considered normal productions made, those planned for later periods, as well as lowering costs towards the achievements of recent years, corresponding to the increase of production in accordance with the development of the technical-material basis.
Article 44 Purchase of agricultural products by the State and cooperative organizations of the agricultural production cooperatives, their members and individual producers shall be made on economic principles-by agreement of the parties-the prices listed in the contract or in the purchase documents.
State organizations and cooperative purchasing are required to fit into the prices determined in accordance with the legal provisions.
Section III-of the prices of products supplied from the State purchasing organizations and cooperative Article 45 delivery prices for agricultural products sold by State agencies or purchasing cooperative shall be determined on the basis of prices of production, Contracting and acquisition, to purchase regulated expenses, conditioning, storage, cutter and benefit distribution, planned and-where appropriate-of the tax on the turnover and other levies to the State budget.
Article 46 delivery prices of the agricultural products transferred to units that provide services in the nature of a fee shall be determined at a level equivalent to the costs of the services provided and regulated by a benefit that ensures cost-efficiency units provide working under normal conditions of organization of production and work.
Chapter 5 basic rules for determining and applying the prices of consumer goods Article 47 For consumer goods, food and manufactured goods, production prices and retail prices. Delivery prices shall be deducted from the retail, with exceptions provided by law.
Article 48 consumer goods and other products for supply to households is sold at retail prices. The same prices apply to sales through the retail network by State-owned units, cooperative and other public organizations.
Article 49 producer prices for industrial consumer goods is determined on the basis of costs and benefit under the provisions of cap. II and III, section I, of this law.
Article 50 Retail Prices include:-price of production;
-turnover tax or other levies to the budget;
Retail prices of agricultural products which are not subject to natural are established or are formed on the basis of prices for supplies from acquiring organizations, plus, where appropriate, the tax on turnover and the rebate (addition).
In cases where State and units of cooperative artisan producer and consumer, are authorized to sell their products directly to the population, through outlets which units they organize, they will be able to practice in lower prices, retail prices limit laid down for the products in question, provided that this does not affect the attainment of financial indicators that drive. For products that have unique prices, retail establishments will apply to these prices. Rebate (addition) on any commercial establishments shall be used according to legal provisions.
Article 51 to determine retail prices will ensure the necessary correlation between the track the prices of various products to express relationships between usage values, concretized in their technical-functional characteristics, durability, aesthetic, and other such features at the same time, due account of the following criteria: a) in consumer products, retail prices will include a benefit and-where appropriate-a tax on the movement of goods which to implement affordable for all consumers.
For products intended exclusively for children, will be able to retail prices include turnover tax lower than at similar prices in the adult, or even be tax exempt;
b serial products), the novelty, the individual and at the Barbican will establish appropriate prices for raw materials, materials, manpower and superior presentation of products and will include benefits and tax on the movement of goods, in accordance with the possibilities of production and sales.
As these consumer goods production turning into serial production or mass, prices will be reduced accordingly;
c) to products in categories referred to. the a and b)) above, standards or national rules provide for several qualities, prices differ so establishments to be simulated in the achievement of high-quality production.
In cases where a temporary retail prices cannot be differentiated on the qualities set out in internal rules or standards, establishments will grant recipient organizations bonificatii price or will pay to the budget the penalties for lower qualities according to the rules of the State Committee for prices;
d) within the framework of the extension of the range of products in prepackages shall be rapprochement retail prices track the prices of the same products that are prepackaged products sold in bulk; for this purpose, packaging materials will be used the most indicated from a commercial perspective, depending on the category the product pre-packaged and will reduce costs for Prepackaging; rebates for prepackaged products will be established, usually of a lower level than in bulk, the difference returning units to cover the costs of producing the pre-packing and achieving a corresponding benefit.
Article 52 in order to ensure the proper proportions between the categories of products listed in article 1. 51 and for carrying out the tasks of diversification and modernisation of the consumer goods within the limits of the planned level of prices:) State annual plans will nominate the main consumer goods by product assortments, products or, where appropriate, in the proper proportion of population needs with lower incomes.
Establishments and commercial organizations are obliged to produce, deliver and take these goods as a priority;
b) based on the study of consumer demand of the population, to the elaboration and implementation of the plan will provide an assortment of production and sale of consumer goods in accordance with the purchasing power evolution of all categories of consumers. For this purpose, with annual plans will approve prices for groups and subgroups of the population share the importance of consumption.
Article 53 establishments are required to raise the quality of consumer goods prices in the framework of the existing force.
Withdrawal from production of existing products and assortments or decreasing quantities in accordance with the requirements and needs of the market, with the exception of the single national plan for economic and social development, can be done only with the consent of the main beneficiary organizations.
New products and ranges that are to be executed and put into circulation must be a diversification and renewal of existing products in the economic circuit in accordance with the requirements of the population. It is forbidden to set higher prices for new products and methods which differ from those existing only through minimal changes, which do not increase the value of use to consumers.
Article 54 establishment of retail prices for standard us consumer goods, which are intended to hold the set of types that are in Commerce or the replacement of sorts under the conditions referred to in the preceding article, shall be made within the limits of the retail price determined according to the rules laid down in article 23. 21 of this law.
With the pricing shall be specified and conditions, which apply to the supply of consumer goods by commercial organizations.
Delivery of goods from producers by commercial organizations shall be in the condition of the "ex-producer". In cases where the nature of the products, and especially perishable products, delivery can be provided "free domicile".
Providers and recipients may agree, by contract, that the delivery of consumer goods to be made and in other conditions of franco, with reimbursement against legal condition provided for in the Act, franco pricing.
Article 56 the disposal of products to the catering enterprises apply retail prices established as or additions based formats, which should ensure: (a) costs of supply) with products which are used as raw materials, finished products, making serving consumers, and overhead expenses;
b) tax benefit realization and legally established.
Article 57 Retail Prices applicable in public catering is determined depending on the category of comfort, as well as in relation to the degree of preparation of products that unravel through catering.
For the higher classes, at retail prices, as determined under art. 50, add a draw and, if applicable, the fee for the service, according to legal provisions.
Ministries, other Central and local bodies organs, who coordinate catering, are obliged to ensure that a higher proportion of these units, corresponding to the structure of incomes of consumers. The classification of establishments catering category is made with the consent of the executive committees of the popular committees and of the municipality of Bucharest, where appropriate.
Article 58 fixed menus, preparations and other products served in the canteen-restaurant which operates under the auspices of State establishments, public organizations and other cooperative, prices shall be determined according to the law.
Article 59 to amend retail prices can only be made in compliance with the provisions of the plan concerning the real incomes of the population.
Retail prices can permanently reduce or limited time, with some seasonal goods in stock in commercial network in anticipation of becoming outmoded or obsolete goods, and other products that may no longer be disposed of at the prices originally set in order to soldarii these products.
Article 60 establishments and commercial organizations which preambaleaza consumer goods are obliged to provide scoring, stamping or labelling the retail price and, where appropriate, of the term of the warranty.
Trade enterprises have the duty to display prominently at the place of sale prices on every product and when this is not possible, the display will be made through price lists.
Chapter 6 basic rules for determining and applying the rebates (markups) commercial Rebate Article 61 (addition) commercial is intended to cover expenses for regulated goods and ensure the benefit of commercial organizations with high and retail. It is established by presidential decree, on products and product groups, where appropriate, being included in the retail price.
Article 62 In the case of products which is delivered through organisations and supply outlets, prices of production or their delivery will apply a filler which share to secure regulated expenses of these organisations and a corresponding benefit.
Article 63 Rebates (additions), commercial additions for catering, as well as those of organizations and supply outlets, shall be fixed as a maximum, where the odds can be smaller without affecting the financial indicators of the activity on the organization.
Article 64 commercial organizations that are obliged, under the terms of the permanent population of service improvement and economic entities, to take steps to reduce the level of expenditure on the basis of improving the movement of commercial activity, to increase the efficiency in the use of materials, labor and money at their disposal and to harness the existing reserves within the internal movement of goods.
Chapter 7 basic rules for establishing and enforcing charges for services Article 65 Charges represent price category is determined and applied in the field of provision of services both between the economic units, and between them and the population.
Ministries, other central bodies, local bodies and economic units are obliged to establish rates based on regulated expenses necessary to carry out the services, so that they stimulate the widening network of establishments serving the development and diversification of the range of services for all categories of beneficiaries, and the first for the population, as well as improved quality and increased efficiency in performing the services.
Article 66 Money Rates and the nature of the services performed by units of State and cooperative enterprises are determined on the basis of the following elements to be determined under the provisions of this law: (a) the amount of the costs, exclusive) materials that are working and what parts can be mounted; When the recipient brings the auxiliary materials, their corresponding values contained in the tariff shall be deducted;
b) benefit and, where applicable, c) the tax on turnover, or other levies to the State budget.
Materials that are subject to processing, as well as spare parts what is mounted, it will settle separately priced production or delivery, where appropriate-for-exhibitor Socialist units and retail prices for the executed.
For the population settled retail prices, rebate received by providing a commercial unit is used according to legal provisions.
Article 67 when establishing tariffs will keep into account the following: a) establish at general services, which have a special role for national economy or occupy an important place in the expenditure of households of a benefit and, if necessary, a tax which to implement affordable rates for all categories of beneficiaries;
(b) ensuring appropriate correlations) between similar services or charges which may replace each other;
(c) ensure an appropriate ratio) between the level of charges in money or in nature and economic effects obtained by the beneficiaries of the provision of services;
d) inclusion, services for the population, from the category of luxury, benefits and higher taxes;
run level s), comfort, the complexity of the work;
f) frequency of provision and its influence on costs;
g) costs entailed in the provision of services at Headquarters (domicile) of the beneficiaries, in emergency or other special circumstances. In these cases it may set rates at a higher level or additions to the rules in force.
Article 68 to establish fees for services will be made in compliance with the rules laid down in article 23. 21 of this law.
Article 69 the ministries, other Central and local bodies of the organs which have subordinated units providing services falling within category are required to ensure a proper proportion between them, the structure of incomes of population. The classification of establishments providing category is made with the consent of the executive committees of councils and popular of Bucharest, where appropriate.
Article 70 For services rendered by organizations serving Socialist population units apply tariffs set for the population.
Article 71 introduced new services, which can be determined with anticipatie costs, rates may be temporary.
Exceptionally, for new services to be run, in which Socialist units it is not possible to determine with anticipatie costs, tariffs may be established, with the agreement of the beneficiary, on the basis of postcalcul.
Article 72 with the establishment of the tariffs shall specify the conditions under which the service is performed, operations and ancillary material included in the respective charges.
Article 73 provide Organizations are obliged to ensure that charges for displaying conspicuous places in all establishments in which provision is made. If the display is not possible, charges will provide lists of tariffs or other forms of bringing to the attention of the tariffs.
Over-valuing suited expenditure by taking into account the rules, including inflated materials prices higher than the real ones or performing services using materials of inferior quality to those taken into account in determining the charges, the inclusion of works that do not execute and wrapping works or establishments in the categories superior to those real, shall be imposed according to law.
Chapter 8 basic rules for determining and applying the prices of exported and imported Article 74 to the fixing of prices for the products to be exported or imported, the central bodies, local bodies, as well as economic units, are obliged to take into account that these prices would contribute to enhancing the competitiveness of the Romanian foreign goods market and achieving a high foreign exchange contribution from imports and rationing to ensure high efficient of all economic activities of foreign trade.
Prices of products exported From Article 75 pricing for products intended for export, will be considered-in addition to the provisions of art. 16 and 17 of this law-and the price further provided with tools available on the market.
Article 76 for the products that will be delivered for export under conditions of quality and packaging provided for in the internal rules or standards shall apply to the producer prices for industrial products or agricultural products delivery force, with exceptions provided by law.
To boost production and increase export of products or product groups for which the national economy is particularly interested, may be granted for export over the prices referred to in the preceding paragraph.
Article 77 of the means of production and consumer goods intended for export, with quality features or forms of presentation were different from those for which there are set prices and requiring additional production costs, will establish production prices corresponding to these conditions of quality and presentation forms.
The products intended for export, which, compared to the conditions laid down in the internal rules or standards, perform some operations to finish condiţionari, enhancements, special construction of small value and other operations that do not change the basic characteristics of the technical or qualitative product, special export expenses.
Article 78 Establishment of production prices and the granting of special export expenses, subject to the conditions referred to in article 1. 77, will be made only if the additional costs incurred to recover via external prices obtained, so as to ensure at least economic efficiency is achieved when exporting the same products, which shall not be made for such expenses. These prices may not be charged to domestic than in compliance with the provisions of art. 21 of this law.
Section II-of the prices of products imported From the raw Article 79, materials, assemblies, subassemblies, and assemblies for industrial equipment parts intended for the production, maintenance and repair, which originate exclusively from import, ministries and other central organs should set fixed prices on the occasion of the first import, by transforming into lions, according to legal provisions, external price-type Socialist Republic of Romania. When applying this provision follows decorelari against previously set prices at similar products, the same organs will be established, with the agreement of the State Committee for prices, pricing correlation.
Article 80 to raw materials intended for the production, which will be imported to supplement domestic resources and not having legal prices set being imported for the first time, to be determined by correlation with the prices of similar products that were legally established prices.
Raw materials and materials for medical conditions that exist in the production of more intense use of internal resources and capacity which exist or which may be developed, prices will be set so as to stimulate domestic production and import rationing.
Raw materials and materials with high share of imported shall be fixed prices unique delivery, usually determined as a weighted average between the import price and the price of production of cattle.
Article 81 Cars, machines, assemblies, subassemblies, and imported spare parts, intended for investment, will settle through conversion into lei, according to the legal provisions, foreign prices ex-Socialist Republic of Romania border, plus the customs duty calculated in accordance with the law.
Article 82 For imported consumer goods, retail prices are established according to the category of imported goods, as follows: a) for consumer products, retail prices are established through correlation with prices for comparable products from domestic production;
b) for consumer products limited and the luxury retail prices to be determined by converting foreign prices in lei, according to the legal provisions.
The list of such products shall be established by the Ministry of internal trade or other coordinating bodies of sale, together with the ministries and other central organs production, with the agreement of the State Committee for prices.
Article 83 pricing of imported products is done in compliance with the limits in terms of price determined according to the rules laid down in article 23. 21 of this law. Except why prices are established through the conversion of foreign prices in Moldovan lei in accordance with the legal provisions.
Article 84 where it establishes, under the law, they are added to the import prices or are included in retail prices where applicable.
Chapter 9 basic rules for determining and applying the construction Article 85 prices Prices for producers of construction-Assembly works are: a) prices of the construction objects;
b) prices on parts of objects, physical units and service;
c) estimated prices.
Article 86 in order to decline for construction-Assembly works and repairs to the building, design and construction-Assembly, ministries, other central organs and local authorities will take measures to adopt constructive economic solutions, shortening deadlines, revision of the rules, and the use of machinery on the basis of improving technology, the introduction of new building materials and installations Organization of the work on the building site.
Article 87 In construction and Assembly activity will gradually introduce pricing, parts of objects, physical units and service, differentiated by type.
These prices are prices limit the recipients of investment, design and construction, by agreement, may apply to lower prices.
Article 88 the prices for items, parts of objects and physical units and the service shall be submitted for approval by the presidential decree, by the central Institute of research, design and construction directives, based on the proposals of ministries, other Central and local bodies, which have the task of construction-Assembly.
These prices shall be determined on the basis of critical analysis of costs of materials, labor, use of equipment, and other direct and indirect expenses, resulting from the examination of a number of representative works, as well as to reduce these expenses by mobilizing all the existing reserves. Costs thus determined will add expense for new standardized introduction technique, as well as the benefit of construction units, according to the law.
Article 89 For building unique objects and works of particular complexity or with a specific, for which no price limit can be established, as well as for repair works in construction, you can set a quote prices on items.
They can be unique when are determined based on the rules of the Republican Bill or differentiated according to specific rules of quotation.
Quote prices on items of work are determined on the basis of the norms of consumption of materials, and using machinery, as well as to prices and tariffs established by law.
Price quote on items of works can be used also for other construction-Assembly works, on a transitional basis, until pricing limit.
Article 90 Prices and estimated prices limit on items of work may be modified periodically, due account of organisational and technical progress in the building sector, as well as changes to the elements taken into account.
Article 91 the Ministry of industrial construction, the other organs of Central and local bodies that coordinate construction units will develop, edit and broadcast the price limit and catalogues of estimate. These catalogs will be periodically supplemented and adjusted according to the diversification and modernization of construction-Assembly production.
Chapter 10 powers in matters of establishment and changes in prices and tariffs in article 92 in order to ensure a uniform policy in the area of prices and tariffs, duties of establishment and amendment thereof shall be according to the law delineates the competences of each local or central body, economic units, as well as with the importance of products and services for the national economy and standard of living of the population.
Distinguish tasks by this law.
A. Privy Council Privy Council Article 93: a general standard) decide the prices and tariffs;
b) approve regulations on pricing and tariffs, as well as changes are made to the procedure b. President of Socialist Romania Presidential Decree Article 94 shall be approved: (a) the maximum price limits) and rates for main groups and subgroups of goods and services, as well as special objects, parts of objects and use physical units;
b) prices and tariffs on the products and services important to the national economy and standard of living of the population, changes in these prices and tariffs;
c) reassess prices and tariffs for goods and services;
d) price changes and rates which are unique on the land;
e) increases in retail prices and tariffs for services granted to population, from the Council of Ministers, ministries and other bodies referred to in article 97, 103 and 113.
Presidential Decree shall be established comprising the nomenclature groups, subgroups, products, objects, parts of objects and physical units, as well as services for which prices shall be determined according to paragraph 1. and (b). a), b) and (c)). The same nomenclature will determine the groups and subgroups of goods and services for which the Council of Ministers and bodies referred to in article 1. 97, 103 and 113 will set prices and assortment and services rates within the maximum residue limits laid down according to the provisions of paragraph 1. and (b). a). C. Article 95 Council of Ministers the Council of Ministers shall have the following duties: a) organizes the application throughout the economy policy of the prices and tariffs;
b) sets prices and tariffs for the different types that are part of the groups and subgroups of goods and services contained in the nomenclature approved by presidential decree, which was given jurisdiction;
c maximum) sets of producers ' prices, delivery and retail, as well as maximum rates for groups and subgroups of goods and services constituting the nomenclature of the ministries, other central executive bodies and committees of the District Councils and popular of Bucharest;
d) approve prices and tariffs for goods and services from the jurisdiction of ministries and other central organs and executive committees of councils and popular of the Bucharest-except as provided in art. 101-94 and if these prices and rates are determined according to the rules laid down in article 23. 21 of this law;
e) approve the manner of selecting, modifying and implementing pricing-according to the present law-for specific situations, as well as pricing and tariffs for goods and services with payment in foreign currency;
f) approve discounts and rates, which are not unique, for products and services from the jurisdiction of ministries and other central bodies of State administration, the executive committees of councils and popular of Bucharest or industrial plants and other socialistic State units of the power plant, where those cuts affect economic and financial indicators in the plan and the State budget;
g) approve prices and increases rates on all products and services, as well as price estimate, from the competence of bodies and establishments referred to in (b). f), except as provided in art. 94 lit. b), d) and (e)).
D. the ministries and other central bodies of State administration Article 96 State Committee for Prices has the following main tasks: (a)), and seeks permanent controls at the ministries, other central organs, organs of local economic units, and how to apply price policy and inform periodically and whenever it takes the Council of State and Council of Ministers;
b) Romania Socialist Republic presents the President and Council of Ministers proposals on the establishment and amendment of prices and tariffs and enact the proposals drawn up by the ministries, other central organs of executive committees of Councils, to goods and services whose prices and tariffs shall be approved through presidential decree or the Council of Ministers;
c) agreeing to the fixing of prices and tariffs for the different types that are part of the groups and subgroups of goods and services of the nomenclature established by presidential decree and whose prices and tariffs are established by ministries, other central bodies and local authorities; also agreeing on prices and tariffs for goods and services from the jurisdiction of the ministries, other Central and local bodies and organs, where products and services are becoming more important to the national economy and standard of living of the population, as well as for correction by those organs of prices and tariffs incorrectly set, able, where appropriate, the paying-up of the budget amounts unduly paid as a result of these errors;
d) agreeing on the prices indicated in the technical and economic studies of investments which is approved by the Council of Ministers;
e) develops, on the basis of the law and to enforce rules in the area of prices and tariffs, as well as scales and regulatory; agreement on the scales and normative calculation developed by the ministries, other central bodies and local authorities;
f) examines, together with ministries, other Central and local bodies, the influence on the dynamics of prices and tariffs and the diversification of production, circulation normal, consumption, increase efficiency in economic activity and living standards of the population, or propunind-according to their legal duties-the appropriate measures;
g) cooperates with the Central Directorate of statistics and other central organs to determine price indices;
h) draw up, together with the ministries and other central organs, as well as with local authorities, schools and proposals regarding the improvement of the system and the correlation of prices and tariffs, and elaborates, in collaboration with these bodies, the draft plan, as well as long-term forecasts about the dynamics of prices and tariffs;
I) cooperates with the other central bodies in drawing up the plan, costs in determining consumer rules and indicators concerning the standard of living; It also cooperates with the Ministry of Finance on matters that are related to the pricing of the incomes of the State budget.
Article 97 Bodies of collective leadership of ministries and other central bodies of State administration shall, in respect of products and services with which they have been given jurisdiction by Presidential Decree approved nomenclature, as well as those included in this nomenclature: the producers ' prices) and delivery prices for the products manufactured, acquired or imported, and the rates for services rendered by the subordinate units;
b) retail prices for products manufactured or imported by local republican interest, what was going through commercial organizations in the sectors which it coordinates or undoing exclusively by economic organisations subordinated; also, the master of the central bodies of the disposal of goods be determined retail prices and of some products with higher share in consumption, manufactured by units of local interest, as well as artisan and cooperative units, according to the nomenclature developed by those bodies with the agreement of the State Committee for prices;
c) prices for products purchased from subordinate units of agricultural cooperative organizations, state farm, their members, artisans or other individual producers; for agricultural products, pricing is done in agreement with the Ministry of agriculture and food industry;
d) tariffs, within the ceiling of which the subordinate units have the right to agree on the actual tariffs, agricultural cooperative organisations, their members or individuals with skilled craftsmen — Internet services are concerned.
Article 98 the Ministry of domestic trade, with the agreement of the Ministry of technical-material Supply and Management of funds and Control of line ministries producing consumer goods, establishes delivery prices applicable to the movement of reusable packaging to be used for the transport of goods between firms producing consumer goods and commercial enterprises.
Article 99 estimate prices on items of works that are based on rules of the Republican Bill, shall be determined by the collective leadership of the Ministry of industrial construction or Popular Councils Committee (if applicable), at the initiative of ministries, other Central and local bodies, working in the branch of construction-Assembly.
Quote prices on items, as determined on the basis of estimated local rules shall be determined by common agreement between the design, provision, installation and construction.
Article 100 for the most important products and services, as specified in agreement with the State Committee for Prices, prices and tariffs set by the ministries and other central bodies of State administration, main producing, importing or acquiring, providing unique and applies to all State bodies, establishments, of artisan and cooperative, as well as other public organizations, with exceptions provided by law.
Retail prices for what lay Inside the Ministry of trade or the other central bodies of State administration, Coordinator of the sale of goods are unique, with exceptions provided by law.
Article 101 Bodies of collective leadership of ministries and other central bodies of State administration may delegate of industrial establishments in Central and other subordinated units directly, as well as commercial organizations, coordinates the power to determine prices and rates for certain products and services, establishing at the same time maximum prices and rates for groups and subgroups. The specification for these products and services is done in agreement with the State Committee for prices.
Governing bodies referred to in the preceding paragraph shall approve the prices and tariffs for goods and services left to the competence of the establishments and organizations referred to above, if these prices and rates are determined according to the rules laid down in article 23. 21 of this law.
Article 102 collective organs of the ministries and other central bodies of State administration may change the prices and rates from their jurisdiction-except as provided in article 13. 94 lit. b), d) and (e)) and art. 95 lit. f) and (g)) can correct the ones they have set wrongly.
E. local authorities of State administration Article 103 executive committees of councils and popular of Bucharest shall, in respect of products and services with which they have been given jurisdiction by Presidential Decree approved nomenclature, as well as for other products and services which are not provided for in art. 100: the producers ' prices) and delivery prices for goods purchased or imported products and tariffs for services rendered-subordinate units;
b) retail prices for goods manufactured or imported by the State, cooperative and other organizations, local public interest, which is sold through State trade organizations;
c) producers prices for products purchased from a State-owned agricultural enterprises, agricultural cooperative organizations, their members, artisans and other individual producers-by subordinate units;
d) fruit and vegetable prices, according to legal regulations;
It's the limit ceiling rates) of which the subordinate units may agree upon effective tariffs, agricultural cooperative organisations, their members or individuals with skilled craftsmen — Internet services are concerned;
f) prices for products, acquired or disposed of units subordinated to the central bodies, at the request of those bodies. This Regulation shall also apply to the rates provided for in art. 97 lit. d). Article 104 in order to prevent speculative trends, popular executive committees of Councils will determine the maximum prices of mercurial, within the limit of which the producers in their country market products, as well as the maximum tariffs for services granted to population of the craftsmen or other private providers; prices and tariffs will be maximal force, whenever necessary, the executive committees of Councils having their obligation of bringing folk to the attention of producers and consumers and to follow strict penalties.
Article 105 Retail Prices set by executive committees of councils and popular Bucharest city applies to all State bodies and establishments, public organizations and other cooperative, with exceptions provided by law. These prices can be applied and commercial organizations from other counties that undoing these products. Also, commercial organizations from Bucharest can apply retail prices set by the executive committees of the District Councils ' popular.
Article 106 executive committees of Councils establish prices and rates popular for products and services carried out by subordinate units and which are subject to economic production activities and the provision of common services. These prices and tariffs is made by învoiala with the beneficiaries, according to the law.
Article 107 executive committees of councils and popular Bucharest city may delegate the competence of pricing and charges subordinated units, products and services of lesser importance, executed by them.
Executive committees of Councils approve prices and rates popular for products and services in the jurisdiction of subordinate units, though these prices and rates are determined according to the rules laid down in article 23. 21 of this law.
Article 108 executive committees of councils and popular Bucharest city may change the prices and rates from their jurisdiction-except as provided in art. 94 lit. b), d) and (e)) and art. 95 lit. f) and (g)) can correct the ones they have set wrongly.
F. Industrial Plants, businesses and other units of the Socialist state Article 109 of collective organs of other industrial units as direct subordinate units, ministries, other central bodies of State administration and executive committees of Councils, and those of commercial organizations, establish prices and tariffs, according to the delegation made by bodies that coordinate.
Article 110 Bodies of collective leadership of the establishments referred to in article 1. 109 may delegate power to subordinate units determine the prices and tariffs for certain products and services, as specified in agreement with the hierarchically superior body, establishing at the same time maximum prices and rates for groups and subgroups.
Collective governing bodies referred to in the preceding paragraph shall approve the prices and tariffs for goods and services in the jurisdiction of subordinate units, though these prices and rates are determined according to the rules laid down in article 23. 21 of this law.
Article 111 the collective organs of power plants and other industrial units with a status of subordinate units, as well as the governing bodies of the trade organizations collective, establish pricing and tariffs for data products and services within their jurisdiction by law enforcement and other public establishments, based on agreement with the beneficiaries. Are exempt from these provisions prices of imported products, which shall be determined by converting foreign prices in lei, according to the legal provisions.
Article 112 Bodies of collective leadership. 111 may change the prices and rates from their jurisdiction-except as provided in art. 95 lit. f) and (g))-on the basis of the agreement with the beneficiaries and according to the rules of the State Committee for prices; they can also correct the ones they have set wrongly.
G. Cooperative Organizations and other public organizations in article 113 of the Artisan Cooperatives Union Central and Central Union of Consumer Cooperatives establish prices and tariffs for goods and services with the consent of the State Committee for Prices-as follows: (a) retail prices) for products purchased, imported and sold exclusively through cooperative units from its own system and not having unique prices;
b) producers prices and delivery prices for products, acquired or imported, and the rates for services rendered by the cooperative units from its own system and that are not included in the nomenclature established by presidential decree or the competence of the Council of Ministers.
Exceptions to the provisions of subparagraph (a). ) and b) of this article are those provided for by law.
Article 114 Central Union of Artisan Cooperatives and Central Union of Consumer Cooperatives can cut prices and tariffs, which are in their competence, for products and services offered by deployed units of its own system, provided that it does not diminish the payments due to the State budget. Higher prices and tariffs whose establishment is in the competence of the central cooperative's organs, as well as correction of prices and tariffs incorrectly set may be made with the consent of the State Committee for prices, with exceptions provided by law.
Central Union of Artisan Cooperatives and Central Union of Consumer Cooperatives may set and change prices for means of production and the tariffs for the provision of services, carried out by its own system and units which are the subject of delivery or rendering the same cooperative system, even if the goods and services have set prices or rates by State organs or units which have powers in this area.
Article 115 of the Artisan Cooperatives Union Central and Central Union of Consumer Cooperatives may delegate the competence of County unions and businesses to establish and amend the prices and tariffs according to legal provisions. Setting and changing of prices and charges by them shall be made with the consent of the executive committees of the District Councils or popular Bucharest, where appropriate. Also the Central Union of Artisan Cooperatives and Central Union of Consumer Cooperatives may delegate the power plants, other industrial units with a status of Central, commercial enterprises and organisations, cooperatives and service units of the population, own competence to determine and modify with the consent of the beneficiaries-pricing and rates, according to the legal provisions.
Bodies and organisations referred to in the preceding paragraph shall establish maximum limits for the prices and rates for groups or subgroups of goods and services from the jurisdiction of the organizations which it directs or coordinates directly and will be able to approve-in compliance with the conditions laid down in article 23. 21-prices and rates that exceed the limits that you have set.
The specification of goods and services whose prices and tariffs are to be determined by the units of the Central Union of Artisan Cooperatives and Central Union of Consumer Cooperatives is made with the consent of the State Committee for prices.
Retail prices set by the organs and organizations of the artisan cooperative or cooperative consumer products of crafts and folk art, executed by cooperative units, can be applied by other organizations that undoing these products.
Article 117 the other organizations in the field of public duties meet the establishment and amendment of prices and tariffs. 113-115 of this Act.
Chapter 11 Powers regarding the control of prices and tariffs in article 118 of the party and State Policy in the field of prices and tariffs shall be administered under the supervision of the great National Assembly and the State Council. The Council of Ministers is monitoring compliance with the legal provisions relating to the prices and tariffs in the national economy and ensure strict observance thereof.
Article 119 State Committee for Prices has the following main tasks regarding the control of prices and tariffs: a) coordinates in terms of the overall activity of methodological control exerted by the ministries, other central organs, local authorities as well as economic units;
b) exercise control over the mode of establishment, modification and application of prices and tariffs;
(c) the existence and application of check) just rules for consumption and for the use of machinery, in order to determine strict spending materials and workmanship which underlie the establishment of prices and tariffs;
d) check at the ministries, other central bodies and the local ones, as well as economic units, making up the cost of products and services, in order to determine the right bodies to introduce the most effective measures which would lead to a reduction thereof;
e) seeks way to comply with the legal norms in the field of prices for products intended for domestic consumption, export, import the ones coming from as well as the charges for services rendered; ask ministries, other Central and local bodies and organs-cooperative State, public and other organizations-as well as units of the subordinated, to take measures for the Elimination of deficiencies and irregularities found and to penalise those guilty, informind the Council of Ministers, in cases where shortcomings or irregularities have not been removed;
f) controls and directs the central unions of craft cooperatives and consumer to modify or dispose of cooperative organizations of their system to modify the prices and tariffs fixed by them and to sanctioneze guilty, if it is found that their establishment was made without complying with the rules laid down by law, or in cases when it is found that the costs of production envisaged were overstated.
Article 120 For fulfilling it. 119, State Committee for Prices shall be established for the Inspection of State price controls, which will be responsible for the organs of control prices and tariffs within each County, as well as in Bucharest. State inspection for price controls has been collaborating with the State Inspectorate for quality control of products, trade Inspectorate and other State organs who control tasks in the area of prices and tariffs.
Article 121 the Minister of finance, to exercise control over financial and economic activity of Socialist, check through device central and its territorial bodies and revision control, how to apply the rules in force in the field of prices and tariffs, aiming at the observance of legality in relation to the establishment, amendment and implementation thereof and take law action for entry into legality and setting raspunderilor.
Article 122 National Bank of the Socialist Republic of Romania and the specialized banks, controlling the units they serve, the application of prices and tariffs and take measures, in accordance with their duties, observance of legality.
Article 123 industrial and Construction Ministry Committee on Issues Popular Councils establishment and application of controlling the prices for construction-Assembly works falling within their jurisdiction and shall ensure the observance of legality in this area.
Article 124 the Ministry of domestic trade controls compliance with retail prices and tariffs in their relations with the public, as well as compliance of the quality of products sold and services provided and the prices and rates applied by the Socialist state, co-operative and other public organizations, and individuals. It also controls how pricing and tariffs by the organizations and establishments which it directs or coordinates, taking measures for the Elimination of deficiencies and irregularities and punish those guilty.
Article 125 Ministry of foreign trade and economic cooperation International controls how the scope of the rules on the conditions for the treatment of prices and tariffs in foreign currency for the goods and services covered by the export-import transactions with foreign partners, as well as their effectiveness, taking measures for the implementation of strict rules.
Article 126 militia control bodies shall monitor compliance with legal norms concerning the application of prices and tariffs and shall provide suitable duties.
Article 127 Other ministries and central bodies of State administration, the executive committees of Councils, industrial plants and other units in Central, Central craft cooperatives unions and consumer cooperatives, the central public organisations, cooperatives, unions and businesses, cooperatives and other economic units, controlling and responding the way of establishment and application of prices and tariffs as well as the harmony between the quality of the products and the prices established units and their subunits, directs or coordinates, according to the law, taking into account the operational measures for elimination of deficiencies and irregularities found and sanction those responsible.
Executive committees of the District Councils and the popular Bucharest controls how the application of prices and tariffs in the respective administrative-territorial units, regardless of the body or unit that set prices or tariffs.
Article 128 public control bodies shall trace, according to the law, fulfil the obligations incumbent upon the producer units, organizations and commercial establishments, as well as producers, craftsmen and other individual providers in connection with the application of prices and tariffs and the compliance of the quality of products or services and prices or rates.
Article 129 of the Artisan Cooperatives Union Central and Central Union of Consumer Cooperatives, as well as artisan cooperatives unions and consumer, will direct and control organizations in their system and will take measures to eradicate irregularities in the area of prices and tariffs and punish those guilty.
Article 130 the ministries, other central bodies, local bodies, as well as units that establish or enforce pricing and tariffs, are obliged, at the referrals made by the control bodies, to take the necessary measures for the Elimination of deficiencies and irregularities and observing legal norms in the area of prices and tariffs.
Article 131 ministries, other central organs, local authorities as well as economic units, will analyse in their groups, activity rates and will take measures to improve it.
Chapter 12 special provisions Article 132 amendment of prices and tariffs can be applied only when major changes in the conditions envisaged in the establishment, as well as the price level and further provided with tools on the market.
Modification of production prices and delivery branch or subbranch, on products and product groups, under the provisions of this law, shall be made, as a rule, before 1 July each year, with the implementation of the early the following year, in order to be taken into account when concluding contracts and finalizing the economic plans of the units.
Amendment of prices and tariffs in effect on the date of application of this law will be able to make organs and units in the jurisdiction to which the goods or services are provided for by the law of the face.
Article 133 products which will be run by the newly established units and not having prices determined to be taken into account in the preparation of technical and economic studies, the provisional prices determined by completing these studies, by comparison with the prices of similar products contained in the economic circuit and with the agreement of the central organ of the principal beneficiary.
Pricing by ministries, other central bodies, local authorities, and by units at those products, at a different level, can only be made on the basis of the agreement bodies have approved the technical and economic indicators.
Ministries, other Central and local bodies are obliged, at the drafting of opportunity for new products, present and provisional prices or, where appropriate, prices of ceiling under the law.
With the approval of the products and will present proposals on producer prices and delivery or, where appropriate, retailers, determined according to the law.
State Committee for prices and National Council for Science and technology will take measures to ensure consistency between the provisions of the State standards or national regulations and price level.
If the modification or exemption from State standards or national rules do not cause quality change or the conditions for the presentation of products, a situation confirmed by the principal organs of the recipient, it will keep the prices in force.
Article 135 prices and tariffs shall take effect from the date of their establishment or at a later date provided for in the Act for the approval of prices and tariffs. You are prohibited from placing in the manufacturing of products and the provision of services or for dining before you have set prices and tariffs.
Notwithstanding the provisions of the preceding paragraph, the governing bodies of the ministries, other Central and local bodies bodies, industrial plants and other units of the power plant will be able to:-the bringing into force of some new products and services, pricing and tariffs as to make up the latest from the first delivery (rendering), or with the consent of the beneficiary, fixing production, pricing, delivery or price, with retroactive character, in the situations referred to in article 1. 25. Any damage caused by improper application of the above provisions will be made to those guilty.
It is prohibited to establish retroactively to retail prices and tariffs for services granted to population.
Article 136 the Council of Ministers will set for other ministries, bodies of Central and local bodies-by category of work and links-maximum time limits for the establishment and approval of prices and charges for new products and services, so that the total period not to exceed 30 days from the date of the proposed tariff or price of the unit.
Article 137 the collective organs of the ministries and other Central and local bodies, as well as of the organizations and establishments-. 97, 103, 109, and 110-may delegate operative bodies the right to set prices and rates for some products and services.
Governing bodies will report periodically on the operative completion of this task.
Article 138 the prices and tariffs are established through documents issued by bodies and organisations with legal competence. Socialist state units. 111 of this law and establishing prices and tariffs on the basis of the agreement with the beneficiaries sign up these prices or tariffs in contracts.
Article 139 the application of prices and tariffs shall be determined by summation of the component elements of prices and tariffs shall be made only on the basis of rules issued by the State Committee for prices.
Article 140 of the State Committee for prices, the State Planning Committee and the Ministry of finance will review and propose for approval before 30 June of each year, any amendments to be made to the price of production and delivery, and will as new prices changed the force on 1 January of the following year.
Article 141 of the agricultural cooperative Organizations, members of agricultural production cooperatives, skilled craftsmen — Internet, individual producers and other persons authorized to sell products and services at prices and rates of învoiala. Prices and tariffs charged by învoiala agricultural cooperative organizations for products resulting from the processing industry, construction, services and other non-agricultural activities, shall be determined on the basis of the norms given by National Union of agricultural cooperatives of production, with the agreement of the State Committee for prices.
In any case in which-according to the legal provisions-shall be fixed prices and maximum rates, mercurial, for sales to the public, the prices and rates of învoiala will limit their practice.
Chapter 13 Responsibilities and penalties for violating the rules on pricing and tariffs Article 142 breaches of duties provided for in this law shall entail disciplinary, administrative, civil or criminal material, as appropriate.
Section I, Article 143 disciplinary Penalties applicable to the conduct of a staff with duties and responsibilities arising from this law, for violating with guilt, job duties are those laid down in the labour legislation or other legal provisions.
Establishment and application of sanctions should be made under the conditions and pursuant to the procedure prescribed in the regulations of procedure of their respective units.
Disciplinary penalties applicable to members of agricultural cooperatives, artisan production and consumption, as well as other civic organizations, for violating with guilt of obligations are those provided by the legal regulations. Establishment and application of disciplinary sanctions shall be effected under the conditions and pursuant to the procedure provided for in the statute and rules of procedure.
Section II of Article 144 shall constitute Contraventions subject to the rules relating to the prices and tariffs, if they are not committed in such circumstances that, according to the criminal law, be regarded as offences, and shall be imposed as follows: 1. With a fine from 100 to 1,000 lei: the sale of goods) or the provision of services with prices or unlawful rates, due , by Socialist units or staff members of cooperatives and other public organizations, within the framework of service tasks;
b) by producers selling the products, in excess of the prices laid down by the mercurial;
c) classification and labelling of the products in classes other than the qualities for which were set prices or services other than those for which they were established tariffs;
d) neafisarea, in units and places of sale or service, prices or tariffs, lack of legal menu, displaying prices or tariffs in inappropriate conditions of visibility, clarity or to identify the goods or services and neafisarea products quality category or category of services and premises, where the prices or rates apply depending on these items as well as the failure to provide, by the organizations providing services, to the lists of tariffs or other forms of bringing to the attention of tariffs;
It's not a price reduction) retail sale of fruit and vegetables from the socialist trade organizations, employees empowered to apply discounts, in such a way that socialist trade establishments that undoing the vegetables and fruit squares to practice the actual retail price not exceeding the level of prices charged by the manufacturers of the products that are frequently the same quality and in the same conditions.
2. With a fine from 200 to 1,200 lei: a) sale by Socialist units or staff members of cooperatives and other public organizations, within the framework of service tasks, vegetable and fruit variety and quality unsorted, to those products in which prices are set on the varieties and qualities;
b) display or disposal of low-cost goods-except seasonal-soldarilor without them to bear the hallmark of soldarii and without being labeled old and new price;
c failure to price changes) and tariffs within the period prescribed;
d) unwillingness to communicate, at the request of the supervisory bodies, the data and information concerning the compliance with the legal rules relating to the establishment, enforcement or modification of prices and tariffs, or communication, fault, data and erroneous information;
It's introduction into manufacturing) products and services with character or table before you have set prices and legal charges, except as provided for in art. 135 of this law, as well as non-compliance with the provisions of cap. III, section III, concerning pricing ceiling.
3. With a fine of from 500 to 2,000 lei: a) the manufacturing or sale of products, and the provision of services other than the one provided by quality standards, internal rules, manufacturing recipes or any normative acts and which was relied upon in determining the price or tariff;
b) sell goods or provision of services for which they have been granted quality change provided for in the internal rules, standards, manufacturing recipes or any regulations, without price or tariff to be amended or maintained in accordance with art. 134, if this is prejudicial to the establishments or beneficiaries;
c) applying in stalemates catering enterprises without approval or under conditions other than those approved by law enforcement agencies;
selling products or d) provision of services by skilled craftsmen — Internet, in excess of the prices and tariffs-if it establishes rates and tariffs for their work;
e) inclusion in costs or overvaluing suited calculations the price of some items larger than legal ones, whether this has resulted in the setting of prices or rates that cause damage to natural or legal persons;
(f) the establishment or alteration,) without legal approval, prices or rates that exceed the limits determined by law, as well as the establishment or modification of the legal jurisdiction, without the prices or rates by economic units of the State, cooperative or other public organisations, producing goods or providing services;
g) failure by State units, employees from setting retail prices for fruit and vegetables, the price ceiling set by executive committees of Councils of the county or city folk.
Section III-Commission of Offences in article 145 of the Socialist units or staff members of cooperatives and other public organizations, in the framework of the tasks of the following facts: (a) the sale of goods) and the provision of services, in excess of the prices or charges;
b) employment and payment, the categories of lower quality ones, in bad faith, products purchased from farmers, constitute the offence of abuse of Office against the interests of the persons referred to in article. 246 of the penal code, and is punishable with imprisonment from 3 months to 2 years.
The attempt is punishable.
Article 146 Counterfeiting of goods substitution times and displaying for sale or sale of such goods are counterfeit, knowing that replaced by the times referred to in art. 145, constitutes the offence of deception regarding the quality of the goods provided for in art. 297 of the penal code, and is punishable by imprisonment from 6 months to 3 years.
If the goods have become, through falsification or substitute harmful to health, are applicable to the provisions of art. 313 of the penal code.
The attempt is punishable.
Section IV of the penalties and other measures provided for in this Law Article 147 People who commit the crimes specified in this law shall be judged, in special cases judged by the Court, in front of groups to which they belong, or communities that have suffered as a result of their unlawful actions.
Under the same conditions will be prosecuted and instigators, accomplices, tainuitorii and favorizatorii offences provided for in this law.
Article 148 In case of conviction for offences provided for in this law, the President of the Court, where appropriate, notify financial bodies of the convict, who, after examining the situation, in so far as it finds that sufficient grounds are, will refer the matter to the Commission of research set out in law No. 18/1968 on control of property of the provenance of the individuals that were not acquired in the legitimate way.
Article 149 Persons convicted of offences covered by this law may not be managers, aplicindu-is properly the provisions of art. 4 and 5 of law No. 22/1969 relating to hiring managers, creation of warranties and liability in connection with the management of the assets of the Socialist organizations. Also, these people cannot handle the functions of financial control organ.
In the case of offences committed by staff members of Socialist times units of cooperatives or of other organizations within the public service tasks, those convicted will not be able to meet for a period of three years from the enforcement of the sentence, in the same establishment or in other units, where they were employed at the date of Commission of the crime, to the extent not covered by the provisions of the preceding paragraph.
Article 150 final sentencing Decision will be communicated to the Court of execution to be displayed for two months, with the care of the management organ, the work unit to which the convicted offender at the time of Commission work.
Article 151 infringement Offences relating to prices and tariffs are found and are sanctioned by the inspectors and other employees of the State Committee for prices, empowered for this purpose, people involved in the quality control of technical, economic and financial support from the bodies of Central and local State administration and units are subordinated to them, as well as cooperative organizations and other public organizations in the sectors of activity and controlling the units according to their competences; commercial inspectors, in sectors where exercise control under the provisions of normative acts that regulate the activity of the State trade inspection; employees of the offices of the prices and tariffs of the executive committees of the District Councils and the popular Bucharest, empowered for this purpose by the executive committees; town councils, officers of militia and subofiterii.
The provisions of article 152 of the law No. 32/68 on the establishment and sanctioning offences applies in respect of the offences mentioned in article 1. 144. In the case of offences referred to in article 1. 144, resolve the complaint by the head of the organ in which the agent is discovered or by another employee who is hierarchically superior claim agent, empowered by the head of this body.
If the offence has been ascertained by the head of the body, the complaint shall be settled by the hierarchically superior body, the leader and if it has been established by the Mayor, the complaint shall be settled by the Executive Committee of the Board.
In the case of offences referred to in article 1. 144 points 2 and 3, the complaint is settled by the District Court in whose territory the offence was committed.
Article 153 where public control teams in their duties, as established facts constitute contravention or offence, shall refer the matter to the competent authorities to apply administrative sanctions or the prosecution; If it is considered that findings constitute disciplinary Commission or of the Court shall have jurisdiction over the matter, Socialist Unity leadership to take the appropriate measures.
Article 154 where controls or new products from postcalculatiile to establish an undue increase in profitability as a result of the inclusion in calculations of cost or rate of production costs, other items overstated price higher than those laid down by law or due to deviation from the norms of quality and manufacturing recipes set out in State standards internal rules or specifications, the State will pay to the budget the extra benefit thus achieved this year as being unfair. Artisan cooperative organizations or consumer and other civic organizations will pay to the budget the additional benefits thus obtained only for deliveries of goods and supplies of services performed outside its own system units.
At the same time, law enforcement agencies and establishments referred to in the preceding paragraph shall appropriately reduce the prices and charges which you have set the wrong recalculindu for year in carrying out the tasks of the economic and financial plan.
Article 155 of the State Units, the co-operative, as well as other civic organizations, are required to be reimbursed to those entitled under the law, the amounts unduly paid as a result of the application of prices or rates higher than those laid down and to pay outstanding amounts as a result of the application of lower prices than legal ones to purchase agricultural products.
Control bodies have the obligation to bring to the attention of authorities or bodies who coordinates and directs the interested units recorded cases according to the preceding paragraph.
Amounts derived from sources for which is not possible to identify those entitled to claim will be paid to the budget as soon as the existence of these amounts has been established. Where it has been applied to a criminal penalty or administrative, budget amounts are disbursed once the sanction remained definitive. Bodies that have found the existence of the amounts unduly paid shall have recourse to the banking unit to make settlement of the budget.
Chapter 14 final provisions Article 156 ministries and other central bodies of State administration, bodies of cooperative artisan and cooperative consumer and other civic organizations, will deliver-with the agreement of the State Committee for Prices-scales and regulatory, standards setting, correlation and price formation and tariffs according to the specificity of this sector, agriculture, or groups of products and services in their jurisdiction as well as products and services to which the competence for the approval of prices and tariffs was left responsible for units or those of their own system.
Article 157 State Committee for Prices together with the Central Statistics Directorate, Ministry of finance, the State Planning Committee and other interested central bodies shall trace the evolution of prices and tariffs according to an improved information system, which will be developed and subject to approval by the Council of Ministers within a period of 90 days from the date of publication of this law.
Article 158 the provisions of this law are applied properly and prices for repairs.
For capital repairs executed serially to machinery and their components parts, specialized State enterprises or sectors from other units of the State, shall apply to the prices of productive fixed assets, which will be established according to legal provisions.
Article 159 Duties and rules of establishment and change of the prices of products of military technique, intended solely for defence sector are approved by Decree of the State Council.
Article 160 the present law shall enter into force within 90 days following publication.
On the date of entry into force of the present law shall repeal: Decree No. 172 of 18 April 1953 for the reorganization of the system of pricing; art. 2(a) h) and (i)) and art. 3 (a). b) of the decision of the Council of Ministers No. 2,503 from 31 December 1969 laying down and punish contraventions to the General rules of trade, and any other provisions contrary to this law.
Annex CATEGORIES of ASSIMILATION PRICES in FORCE AS LAW in effect pricing Categories assimilated new pricing Categories names provided for in law i. Prices of producers of industrial products) for:-wholesale prices of the enterprise-b production) prices for agricultural products supplied by agricultural enterprises of the State:-delivery prices production prices-c) for agricultural products bought from the State Fund of the C.A.P. , their members and individual producers:-contract prices-prices of the contract-purchase price-purchase price) and d construction-Assembly:-prices-prices of items on parts of objects, physical units and service-price estimate-estimate prices e) to craft or crafts products purchased at C.A.P., their members and other individual producers :-purchase price-purchase price). Prices of industrial products) for:-wholesale prices-prices of delivery b) agricultural products supplied by acquiring organizations:-delivery prices-delivery prices III. Retail price Retail Price IV. Rates-rates for services rendered for Socialist units-services-rates for Socialist units of services rendered to the population-rates for services rendered to the population.
Note *) is applied and the purchase of waste.