Law No. 350 Of 21 July 2006 Youth

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

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LAW no. 350 of 21 July 2006 Youth

Issued



PARLIAMENT Published


Official Gazette no. 648 of 27 July 2006

Romanian Parliament adopts this law.

Chapter I General Provisions



Article 1


This law regulates the legal framework necessary to ensure adequate conditions socio-professional integration of young people, according to their needs and aspirations.

Article 2


(1) The State shall ensure compliance with the principle of transparency, a special protection and assistance for young people to achieve their rights.


(2) For the purposes of this Act, the term and expression have the following meanings:


A) young people - citizens aged between 14 and 35 years;


B) youth activity - any form of organized action to improve the conditions necessary for socio-professional integration of young people, according to their needs and aspirations.


Article 3


Central and local public administration authorities, units, public institutions and services subordinated to them are required to support youth work and ensure the proper conduct of its national and local level, according to the law.

Article 4


Youth policies based on the following general principles:

A) development and promotion of comprehensive and integrated strategies and their substantiation based on current social research results;


B) ensuring the participation of young people in decisions affecting them, including the development, promotion and implementation of youth policies, in particular through non-governmental youth structures and youth;


C) enhancing youth participation in public life and encourage them to assume the responsibilities of individual or group;


D) supporting and guiding young people to their active participation in the economic, educational and cultural life;


E) fostering cooperation authorities and public institutions and local non-governmental youth structures and youth by establishing advisory councils made up of NGOs and youth attached to each central authority or public or local managing funds for youth;


F) ensuring the right to education, training and professional specialization;


G) to stimulate young people's access to information and information technologies;


H) fostering mobility among young people;


I) fostering volunteerism among young people;


J) promoting intercultural dialogue and combating racism, xenophobia and intolerance among young people.


Chapter II

central and local government structures with responsibilities in the field of youth

Section 1


National Youth Authority
Article 5


(1) National Youth Authority is the specialized body of central government policymakers governmental youth and coordinate their implementation.


(2) The organization and functioning and specific responsibilities of the National Youth Authority shall be established by Government decision.




Section 2 of the Inter-ministerial Council for education, culture, research, youth and minorities

Article 6


(1) Inter-ministerial Council for education, culture, research, youth and minorities is established by Government decision.


(2) The organization and functioning and specific responsibilities of the Council for education, culture, research, youth and minorities are established by Government decision.


Section 3
a
Youth Directions county, respectively Bucharest

Article 7


(1) Youth Directions county and Bucharest are decentralized public services of the National Youth Authority, a legal entity set up under the law.


(2) Youth Directions county, respectively Bucharest, working with local government authorities and the decentralized public services of the central government for organizing and promoting youth activities.



(3) The organization and functioning and specific responsibilities of county offices for youth, Bucharest respectively, is determined by order of the President of the National Authority for Youth.




Section 4 of the National Agency for Supporting Youth Initiatives

Article 8


(1) The National Agency for Supporting Youth Initiatives is a public institution with legal personality, subordinated to the National Authority for Youth and aims primarily at promoting and supporting the activities of youth non-governmental youth structures and youth.


(2) The organization and operation, as well as the specific tasks of the National Agency for Supporting Youth Initiatives are established by Government decision.


Section 5
a
information and counseling centers for young

Article 9


(1) The National Youth may constitute national information and counseling centers for young people as units with legal personality, subordinated to, or local information and counseling centers for young people without legal personality, subordinated youth directions county or Bucharest, or in partnership with non-governmental youth structures and youth or organs of local government, under the law.


(2) Other provisions concerning information and counseling centers for young people is established by law.




Section 6 of the Local Public Administration

Article 10


(1) Local authorities and county provides the institutional framework and the necessary conditions for youth participation in decision-making in the youth field.


(2) all issues related to youth local councils of villages and towns have an obligation to organize procedures for consultation with non-governmental youth organizations and youth up to the level of the administrative-territorial units.


(3) all issues related to youth, the local councils of the municipalities and county capital of Bucharest Municipality General Council of Bucharest and county councils are required to organize consultation procedures with foundations county youth and Bucharest, as well as non-governmental youth organizations and youth up to the level of the administrative-territorial units.




Chapter III non-governmental youth structures and youth

Section 1

non-governmental youth organizations and youth

Article 11


(1) For the purposes of this law, non-governmental youth organizations are legal entities and private non-profit operating under Government Ordinance no. 26/2000 on associations and foundations, approved with amendments by Law no. 246/2005, and which meet cumulatively the following criteria:


A) purposes specified in the statute directly targeting youth and to achieve its objectives assumed majority are young people;


B) at least two thirds of the members are young.


(2) are treated as non-governmental youth organizations federations operating under Government Ordinance no. 26/2000, approved with amendments by Law no. 246/2005, and which meet cumulatively the following criteria:


A) purposes specified in the statute directly targeting youth and to achieve its objectives assumed majority are young people;


B) at least two-thirds of the total number of individuals from the structures constituent states are young.


Article 12


In this law, non-governmental youth organizations are legal entities and private non-profit operating under Government Ordinance no. 26/2000, approved with amendments by Law no. 246/2005, and meeting only condition under Art. 11 para. (1) a) respectively in art. 11 para. (2) a).

Section 2
a
County Youth Foundations and Bucharest and the National Foundation for Youth

Article 13



(1) County Youth Foundations and Bucharest, established under the provisions of 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 in every county and in Bucharest, whose general assemblies are composed of representatives of NGOs youth who are based in the respective administrative-territorial unit and expressing their adherence to their purpose.


(2) The organization and operation, as well as other provisions on Foundations County Youth and Bucharest are established by law.


Article 14


(1) National Youth Foundation is a legal entity of private law and public utility, autonomous, nongovernmental, nonpolitical and non-profit, whose general assembly is made up of representatives of county youth foundations and Bucharest, which adhered to its purpose.


(2) National Youth Heritage Foundation consists of property - buildings and land - monetary funds and other assets that belonged to the central structures of the former Union of Communist Youth, set out in the Annex and in property, funds and materials financial gained during its operation.


(3) The organization and operation, as well as other provisions regarding the National Youth Foundation shall be in accordance with law.




Section 3 of the National Youth Council

Article 15


(1) National Youth Council is a legal entity of private law and non-profit, public benefit non-governmental and autonomous.


(2) National Youth Council operates under the provisions of its statutes and legislation.


(3) National Youth Council is a national forum that represents the main non-government partner in relation to central government authorities and institutions empowered youth policy in accordance with law.


Article 16


(1) In their youth policy, the Government, through its specialized agencies, has a duty to consult the National Youth Council.


(2) within the Economic and Social participate in an advisory delegate appointed by the National Youth Council.




Chapter IV Stimulating youth participation in community life and social protection of young

Section 1


economic Facilities
Article 17


(1) The State shall promote entrepreneurship among young people, by supporting their access to non-reimbursable financial allowances consulting services specific to starting a business.


(2) The State shall provide support for young people setting up small and medium enterprises and investments through concessional lending programs, mainly in rural areas and in geographic areas with low economic level, according to the law.


(3) The State shall grant facilities in the form of reductions in taxes for a period of at least one calendar year for companies set up by young graduates, regardless of their education level.


(4) The state supports the training of young people as future entrepreneurs and managers by organizing free basic course in management and business administration at the.


(5) Para. (1) - (3) applies to young people aged between 18 and 35 years.


(6) Within 60 days after the entry into force of this law, the Government develop and approve, by resolution, the implementing provisions of par. (1) - (5).


Section 2
a
facilities in the educational-cultural and stimulating research

Article 18


(1) Young people have free access to the books and other media managed by public libraries.


(2) Young people coming from orphanages or from families with low incomes and who wish to attend to one of the state's higher education system benefit of free admission and tuition fees, which are incurred in budget approved for the Ministry of Education and Research under the law.


Article 19



The State shall promote scientific research in attracting graduates with great potential for the area in which it operates and bringing home young specialists who study or have graduated from university abroad.

Section 3
a

Youth volunteering
Article 20


The State, through its institutions with responsibilities in the area, encourages volunteering among young people by:

A) support structures and youth NGOs that provide conditions for youth participation in voluntary activities in areas of public interest, according to law;


B) complete the legal framework for the exercise and recognition of voluntary activities for young people, both Romanian and foreign citizens, both in Romania and in other states in accordance with international conventions to which Romania is a party.


Section 4
a
specific risk factors and measures on social protection of young

Article 21


For the purposes of this law, specific risk factors means phenomena, processes and behaviors which, by their specific action, reduce or eliminate the chances of development and training of young people in potential danger of stranding on their integration Social and professional.

Article 22


The State, through its institutions with responsibilities in the field, is required to adopt and implement measures to prevent, mitigate or eliminate the effects of risk factors on specific socio-professional nature of young people in the training and integration into society.

Article 23


In facilitating and stimulating the professional insertion of the young State shall:

A) ensure the creation and operation of an advisory career choice for young people;


B) ensure appropriate conditions for the professional integration of young people with physical disabilities;


C) promote non-discriminatory policies to fill a job for young women, with priority for young mothers;


D) facilitate youth access to the labor market, by stimulating the natural or legal persons who employ prioritized young staff, according to the regulations in force;


E) provide the conditions necessary redeployment and retraining of young people who are temporarily outside the labor market.


Article 24


State acts in social protection, priority to the following areas:

A) provide free family planning advice for young families;


B) grant bank loans newlyweds, are at first marriage, with repayment terms up to 10 years and low interest;


C) develop priority national programs in the field of social housing for young people and young families with low incomes;


D) support the construction or purchase of housing property for young people and families of young people aged between 18 and 35 years, giving them facilities to this end.


Article 25


State shall adopt specific measures aimed, directly or indirectly, creating opportunities for young people or young families who reside in rural areas.

Article 26


Other measures that the state is obliged to adopt to mitigate the impact on young people's specific risk factors are:

A) develop specific programs for preventing and fighting alcohol, tobacco, drugs and other harmful substances and delinquency among young people;


B) provides free medical treatment and measures to promote social reintegration of young people addicted to alcohol, tobacco, drugs or other harmful substances;


C) provide free medical care youth attending an accredited university or authorized by law;


D) provides free medical treatment for young sufferers of chronic diseases;


E) socio-professional reintegration work for young offenders come from prisons, rehabilitation centers and medical educational institutes;


F) provides free access to youth health education programs.




Chapter V Funding of youth

Section 1


financing of public activity for youth
Article 27


To finance public activity in youth is allocated annually through the state budget law amounts.

Article 28



(1) County councils and the General Council of Bucharest and local councils of the county residence city is annually within their budgets, the Fund intended for youth activities.


(2) Fund for youth activities provided in par. (1) shall be used to finance the youth structures governmental public utility and youth and of youth activities of local interest, established by consulting foundations county youth, and Bucharest, as well as NGOs youth and youth from across the administrative-territorial unit.


Section 2
a
funding non-governmental youth structures and youth

Article 29


(1) Revenues non-economic structures and non-governmental youth and youth are taxable include:


A) contributions and contributions in cash or in kind by members or sympathizers;


B) donations, legacies, amounts and goods received through sponsorship;


C) interest and dividends earned on cash income made from uneconomic under the law;


D) income from the management or development of the assets in them;


E) the resources obtained from the state budget and local budgets;


F) income from advertising and publicity, except those made by specialized units in this area;


G) income taxes that are due for performances;


H) other income earned or realized under the law.


(2) non-governmental youth structures and youth public utility are liable to pay local taxes to the minimum level stipulated by Law no. 571/2003 regarding the Fiscal Code, as amended and supplemented.


(3) nongovernmental and youth structures are exempt from tax when they use at least 80% of the proceeds from any source to achieve the purposes for which they were authorized, including capital expenditure and facilities, such as and for operating expenses.




Chapter VI material basis of public law intended for youth work

Article 30


(1) Under this law, the assets for youth work includes all land and premises, facilities, installations and buildings, and other goods for the organization and conduct of youth under the administration of the National Youth Authority.


(2) The goods provided in par. (1) belong to, where appropriate, public or private patrimony of the state.


(3) conduct of youth, the National Youth Authority may use other goods belonging to private legal persons only with their prior written consent, according to arrangements agreed on contract.




Chapter VII Transitional and Final

Article 31


(1) building state property, located in the village Izvoru Mures, Str. Main nr. 1 Voşlăbeni village, Harghita county, currently administering the National Sports Agency, pass the National Youth Authority administration.


(2) Teaching property referred to in para. (1) shall be made under the law, within 60 days from the date of entry into force of this law.


Article 32


(1) This Law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I.


(2) The annex is part of this law.


This law was adopted by the Parliament of Romania, in compliance with art. 75 and Art. 76 para. (2) of the Romanian Constitution.

Chamber of Deputies Bogdan Olteanu SENATE


Nicolae Vacaroiu Bucharest, July 21, 2006.
No. 350.

Appendix


Buildings and the funds covered by Art. 14 para. (2) of the Law
1. The building that belonged to the Central Committee of the Communist Youth of the former Soviet Union, located in Calea Victoriei. 120, sector 1, Bucureşti, including related land
2. No amounts related accounts. 45104420, 45106430 and 45108440, which belonged to the Central Committee of the Communist Youth of the former Soviet Union, the Romanian Commercial Bank - SMB
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