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Law No. 350 Of 21 July 2006 Youth

Original Language Title:  LEGE nr. 350 din 21 iulie 2006 tinerilor

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LEGE no. 350 350 of 21 July 2006 young
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 648 648 of 27 July 2006



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law regulates the legal framework necessary to ensure conditions appropriate to the socio-professional integration of young people, according to their needs and aspirations + Article 2 (1) The State shall ensure, in compliance with the principle of transparency, a special scheme for the protection and assistance of young people for their rights (2) For the purposes of this law, the term and expression below have the following meanings: a) young people-citizens aged between 14 and 35 years; b) youth activity-any form of action organized in order to improve the conditions necessary for the socio-professional integration of young people, according to their needs and aspirations. + Article 3 Central and local public administration authorities, units, institutions and public services subordinated to them are required to support youth work and to ensure the appropriate framework for its deployment at national and local level, under the law. + Article 4 Youth policies are based on the following general principles: a) the development and promotion of global and integrated strategies and their foundation based on the results of current social research; b) ensuring the participation of young people in their decisions, including the development, promotion and implementation of youth policies, in particular through non-governmental youth and youth structures; c) increasing the participation of young people in public life and encouraging them to take on individual or group responsibilities; d) support and guidance of young people in order to actively participate in the economic, educational and cultural life of the country; e) to stimulate the cooperation of central and local public authorities and institutions with non-governmental youth and youth structures, through the establishment of consultative councils from non-governmental organisations and for youth from each authority or central or local public institution managing funds for the youth; f) guaranteeing the right to education, training and professional specialization; g) stimulating the access of young people to information and information technologies h) stimulating mobility among young people; i) stimulation of volunteering among young people; j) promoting intercultural dialogue and combating racism, xenophobia and intolerance among young people. + Chapter II Central and local public administration structures with responsibilities in the field of youth work + Section 1 National Youth Authority + Article 5 (1) The National Youth Authority is the specialized body of the central public administration that elaborates government policies in the field of youth and coordinates their application. (2) The way of organization and functioning, as well as the specific tasks of the National Youth Authority, shall be established by Government decision. + Section 2 Inter-ministerial Council for Education, Culture, Research, Youth, Sport and Minorities + Article 6 (1) The inter-ministerial council for education, culture, research, youth, sport and minorities shall be constituted by Government decision. (2) The manner of organization and functioning, as well as the specific tasks of the Inter-Ministerial Council for Education, Culture, Research, Youth, Sports and Minorities shall be established by Government Decision. + Section 3 Directions for county youth, respectively of the city of Bucharest + Article 7 (1) The departments for county youth, respectively of the city of Bucharest, are deconcentrated public services of the National Youth Authority, with legal personality, established under the law. (2) The departments for county youth, respectively of the city of Bucharest, collaborate with local public administration authorities and central public administration services central to the organization and promotion of activities of youth. (3) The way of organization and functioning, as well as the specific tasks of the county youth departments, respectively of the city of Bucharest, shall be established by order of the President of the National Youth Authority. + Section 4 National Agency for Supporting Youth Initiatives + Article 8 (1) The National Agency for the Support of Youth Initiatives is a public institution with legal personality, subordinated to the National Youth Authority, and aims to promote and support youth activities of the non-governmental youth and youth structures. (2) The way of organization and functioning, as well as the specific tasks of the National Agency for the Support of Youth Initiatives shall be established by Government decision. + Section 5-a Information and advice centres for young people + Article 9 (1) The National Youth Authority may constitute national information and advice centres for young people as units with legal personality, which operate under its command, or local information and advice centres for young people, without legal personality, which operates under the departments for county youth, respectively of the city of Bucharest, or in partnership with non-governmental youth and youth structures or with organs of local public authorities, in the law. (2) Other provisions on information and advice centres for young people shall be established by law. + Section 6 Local public administration + Article 10 (1) The local and county public administration authorities shall ensure the institutional framework and the conditions necessary for the participation of young people in the decision-making of (2) In all matters concerning youth, the local councils of communes and cities are required to organise consultation procedures with non-governmental youth and youth organisations, set up at the level of that establishment. administrative-territorial. (3) In all matters concerning the youth, the local councils of the county seat municipalities and the sectors of Bucharest, the General Council of Bucharest, as well as the county councils have the obligation to organize procedures consultation with the county foundations for youth, respectively of the city of Bucharest, as well as with the non-governmental youth and youth organizations, established at the level of the respective administrative-territorial unit. + Chapter III Youth and youth non-governmental structures + Section 1 Youth and youth non-governmental organisations + Article 11 (1) For the purposes of this law, youth non-governmental organizations are legal persons of private and non-patrimonial right, operating under the conditions Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , and which meet, cumulatively, the following criteria: a) the purpose provided for in the statute is aimed directly at the youth field, and in order to achieve it most of the objectives b) at least two thirds of the total number of members are young. (2) Non-governmental youth organizations that operate under the conditions Government Ordinance no. 26/2000 , approved with amendments and additions by Law no. 246/2005 , and which meet, cumulatively, the following criteria: a) the purpose provided for in the statute is aimed directly at the youth field, and in order to achieve it most of the objectives b) at least two thirds of the total number of natural persons within the constituent structures are young. + Article 12 For the purposes of this law, non-governmental organizations for youth are legal entities of private and non-patrimonial law, which operate under the conditions Government Ordinance no. 26/2000 , approved with amendments and additions by Law no. 246/2005 , and which meet only the condition provided in art. 11 11 para. ((1) lit. a), respectively in art. 11 11 para. ((2) lit. a). + Section 2 The county foundations for youth and the city of Bucharest and the National Youth Foundation + Article 13 (1) The county youth foundations and the city of Bucharest, established on the basis of the provisions Decree-Law no. 150/1990 on the establishment of youth foundations, are legal persons of private law and public utility, autonomous, non-governmental, non-political and non-profit, unique at the level of each county and of the city of Bucharest, whose assemblies They shall consist of representatives of non-governmental organisations of youth who are based in the respective administrative-territorial unit and who express their adherence to their purpose. (2) The way of organization and functioning, as well as other provisions on county foundations for youth and the city of Bucharest shall be established by law. + Article 14 (1) The National Youth Foundation is the legal person of private law and public utility, autonomous, non-governmental, non-political and non-profit, whose general assembly is constituted by the representatives of the county foundations for youth and the city of Bucharest, which expresses its adherence to its purpose. ((2) The patrimony of the National Youth Foundation consists of buildings and land-, funds and other assets that belonged to the central structures of the former Communist Youth Union, set out in the Annex, as well as from buildings, material and financial funds acquired during its operation. (3) The way of organization and functioning, as well as other provisions on the National Youth Foundation shall be carried out in accordance with the legislation in force. + Section 3 National Youth Council + Article 15 (1) The National Youth Council is a legal person governed by private law and without patrimonial purpose, public utility, non-governmental and autonomous. (2) The National Youth Council operates on the basis of the provisions of its own statute and of the legislation in force. (3) The National Youth Council is the national forum representing the main non-governmental partner in relation to the authorities and institutions of the central public administration empowered in the field of youth policy, in accordance with legislation in force. + Article 16 (1) In developing its own policies in the field of youth, the Government, through its specialized institutions, has the obligation to consult the National Youth Council. (2) In the framework of the Economic and Social Council, a delegate appointed by the National Youth Council shall participate in an advisory vote. + Chapter IV Stimulating youth participation in community life and social protection of young people + Section 1 Facilities in the economic field + Article 17 (1) The state stimulates the entrepreneurial initiatives of young people, supporting through non-reimbursable financial allocations their access to consultancy services specific to the start of a business. (2) The State shall provide support to young people for the establishment of small and medium-sized enterprises and for the realization of investments, through preferential lending programmes, with priority in rural areas and in geographical areas with low economic level, according to Law. (3) The State grants facilities in the form of tax and tax reductions, for a period of at least one calendar year, for companies established by young graduates, regardless of the level of their studies. (4) The state supports the training of young people as future entrepreneurs and managers by organizing free initiation courses in the field of management and business administration. (5) Provisions of para. ((1)-(3) applies to young people aged 18 to 35. (6) Within 60 days from the entry into force of this law, the Government shall develop and approve, by decision, the norms for the application of the provisions of par. ((1)-(5). + Section 2 Facilities in the educational-cultural field and the stimulation of research activity + Article 18 ((1) Young people enjoy free access to the book fund and information sources managed by public libraries. ((2) Young people from foster care or families with reduced material possibilities and who wish to attend one of the forms of higher education in the state system benefit from free admission and admission fees. tuition, which are borne from the approved budget for the Ministry of Education and Research, according to the + Article 19 The state stimulates the attraction in the scientific research activity of graduates with special potential for the field in which they carry out their activity and the return to the country of young specialists who study or have completed university studies in Abroad. + Section 3 Youth volunteering + Article 20 The state, through its institutions with responsibilities in the field, encourages voluntary activity among young people through: a) supporting non-governmental and youth structures, which provide conditions for the participation of young people in voluntary actions in areas of public interest, according to the law; b) the completion of the legal framework for the exercise and recognition of voluntary activities for young people, both for Romanian or foreign citizens, both on the territory of Romania and on the territory of other states, in accordance with the conventions international to which Romania is a party. + Section 4 Specific risk factors and measures for the social protection of young people + Article 21 For the purposes of this law, specific risk factors are understood to mean the phenomena, processes and behaviours that, by their specific action, reduce or eliminate the chances of developing and training young people in a potential failure to fail. their socio-professional integration process. + Article 22 The State, through its institutions with responsibilities in the field, is required to adopt and apply measures to prevent, mitigate and remove the effects of specific socioprofessional risk factors on young people in the process of training and integration in society. + Article 23 In the field of facilitating and stimulating the professional insertion of young people the state has the following obligations a) ensure the creation and operation of an advisory system on career choice for young people; b) ensure proper conditions for the professional integration of young people with physical disabilities; c) promote non-discriminatory policies for the employment of young women, with priority for young mothers; d) facilitates the access of young people to the labor market, by stimulating individuals or legal entities that fit into work, with priority, young personnel, according to the regulations in force; e) ensure the necessary conditions for the requalification and professional reconversion of young people temporarily outside the labor market. + Article 24 In the field of social protection the state acts, as a priority, on the following a) provide free advice in the field of family planning, for young families; b) provide bank loans to newlyweds, at their first marriage, with repayment terms of up to 10 years and with reduced interest; c) develop with priority national programs in the field of social housing construction, for young people and families of low-income youth; d) supports the construction or purchase of housing in the property for young people and families of young people between the ages of 18 and 35, giving them facilities in this regard. + Article 25 The state adopts specific measures aimed, directly or indirectly, for the creation of opportunities for young people or young families who have their permanent residence in the countryside. + Article 26 Other measures that the State is required to adopt in order to mitigate the impact of specific risk factors on young people are as follows: a) develop specific programs to prevent and combat the consumption of alcohol, tobacco, drugs and other harmful substances, as well as delinquency among young people; b) provide free medical treatment and promote measures for the social reintegration of young people addicted to alcohol, tobacco, drugs or other harmful substances; c) provide free medical assistance to young people who follow an authorized or accredited form of education, according to the law; d) ensure free medical treatment for young people suffering from chronic diseases; e) act for the socio-professional reintegration of young offenders from prisons, re-education centers and medical-education institutes; f) ensures free access of young people to health education programs. + Chapter V Financing of youth work + Section 1 Financing of public youth work + Article 27 For the financing of public activity in the field of youth, the corresponding amounts are allocated annually by the state budget law + Article 28 (1) The county councils and the General Council of the Municipality of Bucharest, as well as the local councils of the county seat municipalities, constitute annually, within their own budgets, the Fund for youth activities. (2) The fund for youth activities referred to in par. (1) shall be used to finance the youth work of non-governmental public and youth utility structures, as well as youth activities of local interest, established by consulting the county youth foundations, respectively of the city of Bucharest, as well as of the non-governmental youth and youth organizations within the respective administrative-territorial unit. + Section 2 Funding of youth and youth non-governmental structures + Article 29 (1) The non-economic income of non-governmental youth and youth structures is non-taxable and includes: a) the contributions and contributions of money or in kind of members or sympathizers; b) donations, legates, amounts and goods received through sponsorships; c) interest and dividends obtained from the placement of availabilities made from non-economic income, under the law; d) the incomes obtained from the administration or the valorization of their assets; e) resources obtained from the state budget and local budgets; f) incomes obtained from advertising and advertising, with the exception of those made by specialized units in this field; g) income for which taxes are due on shows; h) other income obtained or realized under the law. (2) Non-governmental youth and youth structures of public utility are subject to the payment of local taxes and fees to the minimum Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions. (3) Non-governmental or youth structures shall be exempt from corporation tax when using at least 80% of the revenue derived from any source for the purposes of achieving the objectives for which they have been authorised, including for investment and endowment expenses, as well as for operating expenses. + Chapter VI Material basis of public law intended for youth work + Article 30 (1) For the purposes of this Law, the patrimony for youth activity includes all land and premises, facilities, installations and constructions, as well as other goods for the organization and conduct of youth activity, under the administration of the National Youth Authority. (2) The goods referred to in par. ((1) belong, where applicable, to the public or private patrimony of the State (3) In carrying out the youth activity, the National Youth Authority may also use other goods, belonging to legal persons of private law, only with their prior written consent, according to agreements established by mutual agreement on a contract basis. + Chapter VII Transitional and final provisions + Article 31 (1) The property of state property, located in Izvoru Muresului village, Str. Main no. 1, Voslabeni commune, Harghita county, currently in the administration of the National Agency for Sport, passes into the administration of the National Youth Authority. (2) The provision of the property provided in par. (1) will be made in compliance with the legal provisions, within 60 days from the date of entry into force of this Law. + Article 32 (1) The present law shall enter into force on 60 days from the date of publication in the Official Gazette of Romania, Part I. ((2) The Annex forms an integral part of this Law. 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 BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 21, 2006. No. 350. + Annex The buildings and funds that are subject to the provisions of art. 14 14 para. ((2) of the Act 1. The building that belonged to the Central Committee of the former Communist Youth Union, located in Calea Victoriei no. 120, sector 1, Bucharest, including the related land 2. Amounts related to accounts no. 45104420, 45106430 and 45108440, which belonged to the Central Committee of the former Communist Youth Union, at the Romanian Commercial Bank-SMB _______