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Law No. 392 Of 28 September 2004 On Industrial And Commercial Merit Medal And The Industrial And Commercial Merit

Original Language Title:  LEGE nr. 392 din 28 septembrie 2004 privind Ordinul Meritul Industrial şi Comercial şi Medalia Meritul Industrial şi Comercial

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LEGE no. 392 392 of 28 September 2004 on the Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 921 921 of 11 October 2004



The Romanian Parliament adopts this law + Article 1 The Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal, provided for in art. 7 lit. A and B of Law no. 29/2000 on the national system of decorations of Romania, with subsequent amendments and completions, are part of the category of civil decorations on fields of activity. + Article 2 (1) The Order of Industrial and Commercial Merit is a decoration that can be awarded to Romanian or foreign citizens with special merits in the fields of economic growth: industry, energy, mineral resources, defense production, trade in goods and services. (2) The Industrial and Commercial Merit Medal is a decoration that can be awarded to Romanian or foreign citizens with meritorious results in the fields: industry, energy, mineral resources, defense production, trade in goods and services. (3) The units operating under and in the coordination of the relevant ministries or under their authority, the autonomous regions, the companies with state capital, mixed or private, of profile, in the country or abroad, may be decorated in exceptional way with the Order of Industrial and Commercial Merit. + Article 3 (1) The Order of Industrial and Commercial Merit is presented in two forms with equal hierarchical value: insignia and rosette. (2) The Order of the Industrial and Commercial Order is a cross with equal and split arms at the tips, made of silver, enameled black, having in the center, on the obverse, a similar cross, smaller, polished silver, on which are applied a Winged caduces, half a toothed wheel and a half-moon of oak and laurel leaves. + Article 4 (1) The Industrial and Commercial Merit Medal shall be presented in a single form: the mark. (2) The Insign of the Industrial and Commercial Merit Medal is a circular piece, made of tombac, on which they are rendered, on the obverse, a winged caduceu, half a toothed wheel and a half-moon of oak and laurel leaves. + Article 5 The Regulations on the description and the way of granting the Order of Industrial and Commercial Merit and of the Industrial and Commercial Merit Medal, for each degree or class, as well as the drawn model are provided in Annexes no. 1 1-4 which are an integral part of this law. + Article 6 (1) The Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal shall be conferred by the President of Romania by decree, based on the individual decoration proposals formulated, according to art. 4 4 para. ((2) lit. c) of Law no. 29/2000 , by the relevant ministers and the heads of the competent public institutions, for the persons in their fields of activity. (2) The nominal proposals for conferring the Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal are endorsed by the Chancellery of Orders, in accordance with art. 5 5 of Law no. 29/2000 . (3) The President of Romania may confer the Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal and on his own initiative, 1% of the total number established by law, for each grade or class of each decorations, except for the extent of the Grand Officer, according to art. 4 4 para. ((3) of Law no. 29/2000 . + Article 7 (1) The distribution of the maximum number of decorations regarding the Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal, which is granted annually, is carried out by the Chancellery of Orders, within the limits of vacant places. (2) For the first year after the entry into force of this Law, a maximum of 15% of the number of decorations provided for each grade and class can be conferred. + Article 8 (1) The Order of Industrial and Commercial Merit is limited to a maximum of 5,000 members. (2) The units operating under and in the coordination of the relevant ministries or under their authority, the autonomous regions, the companies with state capital, mixed or private companies, from the country or abroad, do not enter the provided in par. ((1). (3) Foreign citizens who have been awarded the Order of Industrial and Commercial Merit do not enter the number provided in par. ((1). + Article 9 The Order of Industrial and Commercial Merit comprises 4 degrees. Hierarchy in descending order, in accordance with the provisions art. 11 11 para. ((1) pt. II.3 of Law no. 29/2000 ,, is the following: a) Great Officer; b) Commander; c) Officer; d) Knight. + Article 10 The Industrial and Commercial Merit Medal includes 3 classes. Hierarchy in descending order, in accordance with the provisions art. 11 11 para. ((2) VI.3 of Law no. 29/2000 ,, is the following: a) Class I; b) Class II; c) Third grade. + Article 11 (1) The Industrial and Commercial Merit Medal may be granted unlimited for classes III and II and is limited to 4,000 members for Class I. (2) The Industrial and Commercial Merit class I, conferred on foreign citizens, does not enter the number provided in par. ((1). + Article 12 (1) Attesting the Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal is made by a patent, in accordance with art. 24 24 of Law no. 29/2000 . (2) The patents for the Order of Industrial and Commercial Merit are validated, for the ranks of Knight and Officer, through the paraphernalia of the President of Romania, and for the ranks of Commander and Grand Officer, by the autograph signature of the President of Romania. Patents for all grades are countersigned autographed by the relevant minister and the chancellor of the orders, according to art. 26 lit. b) of Law no. 29/2000 . (3) The patents for the Industrial and Commercial Merit Medal are validated, for the third and second grades, by the paraphernalia of the competent minister and the signature of the chancellor of the orders, and for the first class, by the signature of the relevant minister and the signature the chancellor of the orders, according to art. 28 28 of Law no. 29/2000 . + Article 13 Members of the Order of Industrial and Commercial Merit, regardless of the degree they have, are appointed Knights of the Order of Industrial and Commercial Merit. + Article 14 (1) The Day of Order of Industrial and Commercial Merit is celebrated on November 22, the date of the first institution of the decoration, in 1912. (2) On the occasion of the Order of Industrial and Commercial Order, the relevant ministries organize, with the support of the Chancellery of Orders, the meeting of the Knights of the Order of Industrial and Commercial Merit. + Article 15 Persons decorated with the Order of Industrial and Commercial Merit in the rank of Commander and Grand Officer, if the award of the order was not made directly by the head of state, may request, through the Chancellery of Orders, the right to be received in audience with the President of Romania to thank him personally Depending on the schedule of the President of Romania, the Chancellery of Orders will organize the personal or group audience of the decorated. + Article 16 (1) The membership of the Order of Industrial and Commercial Merit may be lost under the conditions laid down in art. 52 52 of Law no. 29/2000 . (2) For the adjudication of dishonorable acts, which prejudge the members of the order, other than those that led to the conviction of the members of the Order of Industrial and Commercial Merit to a custodial sentence by judicial decision remaining final, an honorary council shall be constituted, in accordance with art. 53 53 of Law no. 29/2000 . + Article 17 (1) The Honorary Council of the Order of Industrial and Commercial Merit is composed of 5 members, as follows: a member of the ranks of Knight, Officer and Commander and 2 members of the rank of Grand Officer. The president of the honorary council is, as a rule, the oldest member in the rank of Grand Officer. (2) The Board of Honor shall be elected on the occasion of the Day of Order of Industrial and Commercial Merit, within 5 years, of the knights of this order. (3) May be re-elected for a new period of 5 years 3 of the members of the honorary council, of which at least one of the lower ranks. (4) The relevant Ministry will provide adequate spaces for the activity of the honorary council. + Article 18 (1) The Knights of the Order of Industrial and Commercial Merit may signal to the honorary council acts committed by other members of the order, considered to be of moral prejudice to them. (2) As a result of the alert, the honorary council and the person concerned shall be convened, within a maximum of 30 days after the referral. (3) The Knights of the Order of Industrial and Commercial Merit may also signal directly to the Chancellery of the Orders acts committed by other members of the order, considered to be causing their moral damage As a result of the alert, the Chancellery of the Orders shall convene the honorary council and the person concerned, within a maximum of 45 days of the alert. (4) If the person subject to judgment does not appear at the fixed term, the honorary council shall convene it at another time, and in the case of non-submission and the second time, the case will be tried in absentia. (5) The Board of Honor deliberates and decides after the investigation of the case, but no later than 60 days after the first meeting for the respective case. withdrawal of decoration. (6) The withdrawal of the decorations is made by decree signed by the President of Romania, at the proposal of the Chancellery of the Orders art. 59 59 of Law no. 29/2000 . + Article 19 The Honorary Council of the Order of Industrial and Commercial Merit also judges the dishonorable facts of the persons decorated with the Industrial and Commercial Merit Medal. In this case, in the honorary council are co-opted for the case in the present case and 2 holders of the medal, who will have the right to vote deliberatively, according to the provisions art. 55 55 para. ((1) of Law no. 29/2000 . + Article 20 The amounts necessary for the making of marks, rosettes, patents, etuses and boxes of decorations of the Order of Industrial and Commercial Merit and the Industrial and Commercial Merit Medal are provided annually from the state budget, through the budget Presidential Administration. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, September 28, 2004. No. 392. + Annex 1 REGULATION on the description and way of granting the Order Industrial and Commercial Credit + Article 1 The Order of Industrial and Commercial Merit is awarded for life. + Article 2 (1) The Order of Industrial and Commercial Merit is limited to a maximum of 5,000 members, divided by degrees as follows: a) Knight-2,600; b) Officer-1,300; c) Commander-800; d) Large Officer-300. (. Overcoming the number of members of each degree shall constitute a breach of this Regulation. The decorations awarded above the limit number are null and void, and the insignia is returned. + Article 3 (1) The rank of Knight of the Order of Industrial and Commercial Merit is presented in the form of a cross with equal arms, 12 mm wide and split at peaks, having a diameter of 45 mm, made of silver with the title of 800 per thousand, enameled black. (2) On the obverse, central, is a cross with equal arms, 4 mm wide and split at the tips, having the apparent diameter of 32 mm, made of polished silver; on the cross is applied a winged caduceu, made of patinated silver, surrounded by a The toothed wheel, in the upper half, and a half-moon formed of oak and laurel leaves, in the lower half, made of the grade metal, tied at the bottom with a bow. (3) On the reverse it is written in letters and high figures of 3 mm, on the horizontal arm, INDUSTRIAL AND COMMERCIAL MERIT, and on the vertical arm, in the upper part, 1912, and in the lower part, year 2000, representing historical data on the Order Industrial and Commercial Credit. (4) The sign is surmounted by a sphere through which a ring with a diameter of 20 mm. (5) The edge of the meaning, the winged caduceum, the toothed wheel and the semicununa on the obverse, the inscription on the reverse and the ring preserves the natural color of silver. (6) The ribbon, 40 mm wide and having an apparent height of 50 mm, is from the green-emerald moarat rips, with a 12 mm wide yellow band on the center. (7) For female persons, the ribbon is folded in the form of a wave, made by folding a ribbon of moarat rips, 120 mm long and 40 mm wide. (8) The rosetta is presented as a rectangular ribbon of rips, 16 mm wide and 6 mm high, having the dimensions of the colored bands of the ribbon of the order reduced to 40%. On the back has a clamping system. + Article 4 The rank of Officer of the Order of Industrial and Commercial Merit has the general characteristics of the rank of Knight, with the following peculiarities: a) the edge of the meaning, the winged caduceum, the toothed wheel and the semicununa on the obverse, the inscription on the reverse and the ring are gilded; b) the ribbon centrally receives a rosette of 20 mm diameter; c) the rosette shall be in the form of a reel of 10 mm diameter rips and a thickness of 6 mm, having the dimensions of the coloured bands of the ribbon of the order reduced to 40%; on the back it has a clamping system; d) for female persons, rosette is applied to the center of the rope. + Article 5 (1) The rank of Commander of the Order of Industrial and Commercial Merit is presented in the form of a cross with equal arms, with an apparent diameter of 55 mm, and is made of silver with the title of 925 per thousand, enameled black; the arms of the cross are mm wide and split at the tips. (2) The other elements of the meaning have the general characteristics of the rank of Officer, with the following peculiarities a) on the obverse, the inner cross, made of polished silver, with 5 mm wide arms, has an apparent diameter of 39 mm; b) the letters and figures of the inscription on the reverse are 4 mm high; c) the clamping ring of the ribbon is flat and has the apparent height of 25 mm and the width of 4 mm; d) the ribbon is 45 mm wide and has the adjustable length, to be adapted to the circumference of the neck; the width of the yellow tape is 14 mm; e) the rosette of the rank of Commander consists of the overlap of the rosette of the rank of Officer with that of the Knight. + Article 6 (1) The sign of the Grand Officer of the Order of Industrial and Commercial Merit is composed of the insignia itself and the plaque of the degree. (2) The sign itself and the ribbon of the Grand Officer of the Order of Industrial and Commercial Merit are identical to the mark and ribbon of the Commander. (3) The plaque of the Grand Officer of the Order of Industrial and Commercial Merit is a cross of the form of the cross of Saint Andrew, with 8 rays strongly highlighted on each arm, and is made of silver with the title of 925 per thousand; the arms have the height of 75 75 mm and width of 20 mm. On the plate, central, is applied the obverse insignia of the Officer. On the reverse, in a central medallion, the name of the producing company, the title of silver and the current number of the decoration corresponding to the degree are inscribed On the back has a clamping system. (4) The rosette of the Grand Officer of the Order of Industrial and Commercial Merit is presented in the form of a rectangular ribbon of silver rips, 16 mm wide and 6 mm high, over which the rosette of the officer grade is applied. On the back has a clamping system. + Article 7 (1) The box in which the decoration is kept is dressed, on the outside, in black natural leather for the Grades of Great Officer and Commander and in ecological leather, of the same color, for the grades of Officer and Knight, has metal corners and closers; the interior is lined with plus and with white silk, it has inscribed the name of the producer company and, in the right corner, down, it is written the order number of the decoration of that degree. (2) On the lid of the box are printed, gold, Romanian coat of arms, name and degree of order (3) The patent in which the patent is kept is dressed in black ecological leather for the Grades of Great Officer and Commander and with replacement of leather of the same color, for the ranks of Officer and Knight. + Article 8 (1) The Order of Industrial and Commercial Merit shall be carried, as a rule, on the occasion of the National Day of Romania and the other national or religious holidays, on the occasion of the Order Day and in other situations established by specific regulations. (2) The Knight and Officer Grades of the Order of Industrial and Commercial Merit shall be worn on the left side of the chest. (3) The rank of Commander or the mark of the Grand Officer of the Order of Industrial and Commercial Merit is worn at the neck, with the ribbon caught under the tie, the insignia being visible at 50 mm on the left side, under the tie knot. (4) The degree of Grand Officer of the Order of Industrial and Commercial Merit is carried on the left side of the chest. (5) Only the highest degree of the Order of Industrial and Commercial Merit which has been conferred is always carried. (6) The rosette can be worn daily, but only the rosette of the highest degree. The rosette is worn at the buttonhole from the left reverse of the garment or the cutter. + Article 9 (1) The Conference of the Order of Industrial and Commercial Merit shall be made compulsory from the rank of Knight, with the exception of the first promotion of the order. (2) The Conference of the Order of Industrial and Commercial Merit can be done only after obtaining, for 5 years, special merits in the specific activity. (3) The previous decoration with the Industrial and Commercial Merit Medal is a positive factor, which will be taken into account in the proposals for granting the Order of Industrial and Commercial Merit, but it is not mandatory to obtain a medal or go through the hierarchy of the medal for the order. (4) In order to confer a higher degree to the same person, it is necessary to carry out an internship in the immediate lower degree, a) from the rank of Knight to the Officer-3 years; b) from the rank of Officer to the Commander-4 years; c) from the rank of Commander to the Great Officer 5 years. (. The proposals for conferencing shall take into account the criteria laid down in this Regulation, including the first class of decoration. (6) The direct conferment of the higher grades at the first promotion is made as a result of a summation of special merits, which could have led to the granting of successive degrees. + Article 10 For very special merits, the 5-year term, provided in art. 9 9 para. (2), and the minimum age in grade, provided in art. 9 9 para. ((4), may be reduced by a maximum of one third. + Article 11 (1) The units operating under and in the coordination of the relevant ministries or under their authority, the autonomous regions, the companies with state capital, mixed or private, of profile, in the country or abroad, may be decorated in exceptional way with the Order of Industrial and Commercial Merit. (2) For commercial companies, with outstanding results and which do not work in the subordination, coordination or authority of a ministry, the reward proposals shall be made by the Chamber of Commerce and Industry of Romania through the Ministry of Resort. + Article 12 (1) The conferment of a higher degree automatically leads to the removal of the name of the respective person from the lower grade, the place (2) The lower grade mark remains in possession of the decorated one. + Article 13 (1) The Order of Industrial and Commercial Merit is a decoration that can be granted both to Romanian or foreign citizens, as well as to economic units with legal personality, Romanian or foreign, and that have special merits in their fields of activity. (. In particular merits, for the purposes of this Regulation, it shall be understood: a) significant contributions to the development of strategies, programmes and policies that have proven, through their application, that quantifiable economic growth has been achieved at national and/or regional level on the whole of industrial activities or sector; b) significant contributions to the development and concrete application of policies, strategies and programs for the development of fundamental scientific research and industrial scientific research; c) realization of nationally and internationally recognized investments with industrial applications; d) significant contributions to the creation and use in Romania and/or to the transfer and use in Romania of technologies that ensure the obtaining of goods and/or services with outstanding performance, increasing the number of jobs and raising labour productivity, diminishing noxes and carbon dioxide emissions; e) significant contributions to the design and implementation of conservation and energy efficiency programmes; f) significant contributions to the development of the energy sector, including through the use of unconventional energies and increasing recovery; g) significant contributions to legislative harmonisation, the acceleration of the European integration process, the application and use of the European Community acquis; h) the development of production and export of products with high complexity, the use of high and non-conventional materials, with high added value; i) development of IT and related industries. + Article 14 Within 30 days from the date of entry into force of this law, the relevant ministries will elaborate, according to art. 13, the regulations specific to their field of activity, approved by order of the relevant ministers, in which the conditions under which the Order of Industrial and Commercial Merit can be conferred will be detailed. + Annex 2 REGULATION on the description and manner of the Medal Industrial and Commercial Credit + Article 1 The Industrial and Commercial Merit Medal is awarded for life. + Article 2 (1) The Industrial and Commercial Merit Medal is granted unlimited for classes III and II and limited to 4,000 members for Class I. (2) Exceeding the number of medals for Class I is a violation of this Regulation. The decorations awarded above the limit number are null and void, and the insignia is returned. + Article 3 (1) The Insign of the Industrial and Commercial Merit Medal is presented in the form of a circular piece, 35 mm in diameter, which has a slightly elevated headboard, 1 mm wide, and is made of tombac. (2) On the obverse, in the center, a winged caduceu is rendered, surrounded by a toothed wheel, in the upper half, and by a semicununa of oak and laurel leaves, in the lower half, made in relief. (3) The reverse is written: 1912 /MERITUL/INDUSTRIAL/SI/ COMERCIAL/2000, with letters and high figures of 3 mm, representing historical data on the Industrial and Commercial Merit Medal. (4) The mark is surmounted by a sphere with a diameter of 5 mm, perpendicular to the medal, through which an 18 mm diameter ring is attached, through which the ribbon is spent. (5) The ribbon, 35 mm wide and having an apparent height of 50 mm, is from the green-emerald moarat rips, having at a distance of 3 mm from the edges a wide black stripe of 1 mm, and on the center a yellow tape, 9 mm wide. (6) For female persons, the ribbon is folded in the form of a wave, made by folding a ribbon of moarat rips, 100 mm long and 40 mm wide. + Article 4 The distinction between classes is as follows: a) the third grade is dark; b) Class II is silver; c) Class I is gold plated. + Article 5 (1) The box in which the medal is kept is made of cardboard dressed in black pergamoid and is lined with white silk. (2) On the lid of the box are printed, silver, name and medal class. + Article 6 (1) The Industrial and Commercial Merit Medal shall be carried, as a rule, on the occasion of the National Day of Romania and the other national or religious holidays, on the occasion of the Day of the Order of Industrial and Commercial Merit and in other situations established by specific regulations. (2) The Industrial and Commercial Merit Medal, regardless of class, is worn on the left side of the chest. (3) It is always only the insignia of the highest class of the Industrial and Commercial Merit Medal which has been conferred. + Article 7 (1) The Conference of the Industrial and Commercial Merit Medal shall be made compulsory from the third grade. (2) The Conference of the Industrial and Commercial Merit Medal can be done only after obtaining, for 4 years, meritorious results in the specific activity. + Article 8 (1) In order to confer an upper class to the same person, it is necessary to carry out an internship in the immediately lower class, a) from the third grade to the second class-5 years; b) from the second grade to the first class-6 years. ((. The proposals for conferencing shall take into account the criteria laid down in this Regulation, including the first class of decoration. (3) The direct conferment of the upper classes at the first promotion can be made as a result of a summation of special merits, which could have led to the granting of successive classes. + Article 9 For very special merits, the term of 4 years, provided in art. 7 7 para. (2), and the minimum age in class, provided in art. 8 8 para. ((1), may be reduced by a maximum of one third. + Article 10 (1) The conferment of an upper class automatically leads to the removal of the name of the respective person from the (2) The lower class sign remains in possession of the decorated one. + Article 11 (1) The Industrial and Commercial Merit Medal is a decoration that can be awarded to Romanian or foreign citizens with meritorious results in the fields of: industrial, commercial, energy and mineral resource exploitation. (. The meritorious results, for the purposes of this Regulation, shall be understood: a) the development of production and commercial activities through the growth and development of small and medium-sized enterprises, effective, with beneficial effects on the local or area economy; b) the creation and development of competitive companies for the provision of services and the provision of superior standards of comfort and civilization; c) the realization of successful privatizations of autonomous kings or companies in the fields of: industrial, commercial and mineral resource exploitation. + Article 12 Within 30 days from the date of entry into force of this law, the relevant ministries will elaborate, according to art. 11, the regulations specific to their field of activity, approved by order of the relevant ministers, in which the conditions under which the Industrial and Commercial Merit Medal can be conferred. + Annex 3 image image image + Annex 4 image ______________