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Law No. 353 Of 3 December 2007

Original Language Title:  LEGE nr. 353 din 3 decembrie 2007

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LEGE no. 353 353 of 3 December 2007 for approval Government Ordinance no. 21/2007 on the institutions and companies of performances or concerts, as well as the activity of artistic impresarios
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 860 860 of 17 December 2007



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 21 21 of 31 January 2007 on the institutions and companies of performances or concerts, as well as the performance of the artistic impresario activity, adopted pursuant to art. 1 1 section V. 1 of Law no. 502/2006 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 82 of 2 February 2007, with the following amendments and additions: 1. in Article 3, points a) and b) shall be amended and shall read as follows: " a) the artistic productions are performances or concerts depicted directly to the public by performers and/or executors and may be: dramatic performances, choreographic, opera, operetta, folkloric, magazine, cabaret, circus, dolls and/or puppets, of instrumental theatre, respectively concerts of academic music, symphonic, vocal-symphonic, chamber, choral, folkloric, electronic; b) the institutions of performances or concerts are legal persons of public law who perform and present artistic productions; ". 2. In Article 8, paragraphs 1 and 5 shall be amended and shall read as follows: "" Art. 8. -(1) The institutions of performances or concerts existing on the date of entry into force of the law approving this ordinance, as well as the newly established ones shall be entered in the Register of Performing Arts, hereinafter referred to as the Registry, to the request of central and local public administration authorities under which it operates. .................................................................... (5) The decisions of the local or county councils provided in par. ((2)-(4) shall be adopted by the vote of two thirds of the total number of councillors. " 3. In Article 9, paragraph 2 shall be amended and shall read as follows: "(2) The companies of performances or concerts existing on the date of entry into force of the law approving the present ordinance, as well as the newly established ones will be registered in the Register." 4. Article 10 is amended and shall read as follows: "" Art. 10. -(1) The activity of performance or concert institutions may be leased, based on the legal provisions in force, for a maximum period of 10 years. (2) The specification of the concession, in addition to the requirements of the law, shall include at least the following: a) conditions regarding the concessionaire's experience in performing arts; b) the obligation to keep the specific object of activity of the institution, with the specification of the annual minimum number of artistic productions and performances; c) the employees ' clauses, as well as the conditions of accessibility of the public to performances or concerts. " 5. After Article 11, two new articles are inserted, Articles 11 ^ 1 and 11 ^ 2, with the following contents: "" Art. 11 11 ^ 1. -(1) In order to meet the newly identified requirements of the community, the central and local public administration authorities may lease to the companies of performances or concerts artistic services, under the law. (2) The concession initiative may belong to: a) central or local public authority; b) any interested natural or legal person. (3) In the situation referred to in par. ((2) lit. b), the authority has the obligation to analyze the identified requirements, relative to the programs of the institutions and companies of shows or concerts in that community. (4) The company of performances or concerts, as a concessionaire, receives from the public authority, as a concedent, the right to exploit the identified artistic service, for a fixed period, accompanied by the payment of a sum of money predetermined. (5) The procedures for the concession of artistic services are regulated by methodological norms approved by Government decision. Article 11 ^ 2. -In order to stimulate the establishment of new show or concert companies, individuals and legal entities under private law are exempt from paying tax on buildings where performance or concert activities are carried out, as well as the payment of tax on land related to those buildings, during the performance of these activities. " 6. Article 12 is amended and shall read as follows: "" Art. 12. -(1) The operation of performance or concert institutions shall be ensured by the artistic, technical and administrative staff who, as a rule, operate on the basis of individual employment contracts. (2) The artistic, technical and administrative staff of the institutions of performances or concerts, employed, under the law, with an individual employment contract, are within the functions set out in the annex which is an integral part of the this ordinance. (3) For the realization of artistic productions, institutions of performances or concerts may use artistic staff remunerated on the basis of contracts concluded according to the legal provisions on copyright and related rights, as well as personal Technically and administratively remunerated on the basis of civil service agreements, according to the provisions of the Civil Code. (4) During the season, the specialized artistic staff employed in performance or concert institutions may conclude contracts according to the legal provisions on copyright and related rights or, as the case may be, cumulate functions within other institutions or companies of shows or concerts, only with the consent of the administrative council. (5) The cumulus of functions may also be made within the same institution or company of performances or concerts, in compliance with the legal provisions in force. " 7. Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) For the staff of performance or concert institutions, individual employment contracts may be concluded, as a rule, for an indefinite period or, due to the specificity of the activity, in accordance with the provisions of art. 80 80 para. ((1), respectively art. 81 lit. e) of Law no. 53/2003 -Labor Code, with subsequent amendments and completions, for a determined duration, including on the season or on artistic production. (2) Incadres of staff from performance institutions or concerts according to par. (1) is made on the basis of competition or exam, organized under the law. (3) In the case of individual employment contracts concluded for a fixed term, the employment may also be done directly, by agreement of the parties. (4) Due to the specificity of the activity, the conclusion of individual fixed-term employment contracts can also be made by way of derogation from the provisions 80 80 para. ((3) and (4), respectively of art. 82 82 para. ((1) and art. 84 84 para. ((1) of Law no. 53/2003 , with subsequent amendments and completions. (5) Individual labor contracts concluded for an indefinite period before the entry into force of this ordinance may be amended, by agreement of the parties, in fixed-term contracts. " 8. In Article 15, paragraph 3 shall be amended and shall read as follows: "(3) For the artistic and technical staff in the performance or concert institutions, Saturdays, Sundays and, as the case may be, the public holidays are considered working days, the legal rest can be granted on other days of the week." 9. After Article 15, a new article is inserted, Article 15 ^ 1, with the following contents: "" Art. 15 15 ^ 1. -(1) Basic salaries and driving allowances for the artistic, technical and administrative staff, by way of derogation from the provisions Law no. 154/1998 on the system for the establishment of basic salaries in the budgetary sector and allowances for persons occupying functions of public dignity, with subsequent amendments and completions, shall be established between the limits in the grid set out in the Annex. (2) The evaluation of the artistic, technical and administrative staff in order to establish the basic salaries is made according to the methodological norms developed by the Ministry of Culture and Religious Affairs. (3) On basic salaries established according to the provisions of par. (1) prizes may be added, incentives, as well as bonuses provided by law or in the collective agreement on the branch, within the limits of the approved budget. " 10. Article 16 is amended and shall read as follows: "" Art. 16. -(1) In order to ensure the mobility of artists, institutions of performances or concerts can provide in their budgets funds for the construction/arrangement of service housing. (2) The staff employed on the basis of individual fixed-term employment contracts, which is not domiciled in the locality where the institution operates and does not benefit from the service dwelling, may receive from the budget of the institution a non-taxable flat monthly allowance, in the amount of up to 50% of the average net salary on the economy, in order to secure accommodation. " 11. Article 18 is amended and shall read as follows: "" Art. 18. -(1) The management of performance or concert institutions shall be provided by a general manager or, as the case may be, by a director, natural person, or by a legal person governed by private law. (2) The management of performance or concert institutions shall be entrusted on the basis of a contest of management projects, organized in accordance with the legal provisions in force. (3) The winner of the contest referred to in ((2) conclude a management contract with the principal authorising officer of the public authority under which that institution operates. (4) If the management is provided by a legal person, it will designate a natural person to represent it, with the proper application of the provisions of par. ((3). ' 12. In Article 19, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) The chairman of the administrative council shall determine the meeting dates and ensure the preparation of draft decisions, organization and conduct of meetings." 13. Article 21 is amended and shall read as follows: "" Art. 21. -(1) The financing of the expenses necessary for the operation of performance or concert institutions shall be a) the expenses necessary to carry out the annual minimum program provided for in the management contract shall be fully covered from subsidies granted from the state budget or local budgets, as the case may be; b) the expenses necessary to carry out projects, other than those in the minimum program, shall be covered by own income, from subsidies granted from the state budget or from local budgets, as the case may be, as well as from other sources; c) personnel expenses are provided from subsidies granted from the state budget, respectively from local budgets, as the case may be, as well as from their own income; for the stimulation of personnel may be used funds from their own income, under the conditions the law; d) the expenses necessary for the maintenance, rehabilitation and development of the material base are covered by subsidies granted from the state budget, respectively from the local budgets, as the case may be, from their own income and from other sources; e) the share of own income, resulting from the exploitation of goods under administration, can be retained in the maximum percentage provided by law; the amounts thus determined shall be managed in extra-budgetary regime for the needs of the institution, with the approval administrative council. (2) Institutions of performances or concerts may benefit from material goods and money funds received in the form of services, donations and sponsorships, in compliance with legal provisions; liberalities of any kind can be accepted only if they are not encumbered by conditions or tasks that would affect the cultural autonomy of the institution. " 14. Article 22 is amended and shall read as follows: "" Art. 22. -The payment obligations of the performance or concert institutions, resulting from the contracts concluded according to the provisions of art. 12 12 para. ((3), shall be considered as expenses related to artistic productions and shall be provided in the revenue and expenditure budget of the institution. " 15. Article 24 shall be repealed. 16. In Article 25, paragraph 3 shall be amended and shall read as follows: " (3) The institutions of performances or concerts provided in par. ((2) have the obligation to distinctly provide for this activity in their own regulations of organization and operation and to register in the Register. " 17. In Article 26, paragraph 3 shall be amended and shall read as follows: " (3) From the Commission for attestation and endorsement in the field of artistic impresariate are representatives of the Ministry of Culture and Religious Affairs, Ministry of Justice, Ministry of Interior and Administrative Reform, Ministry of Business External, designated by the leaders of these authorities, as well as specialists in the field of performing arts, appointed by order of the Minister of Culture and Religious Affairs 18. in Article 26, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "(4) For the work done within the Commission for attestation and endorsement in the field of artistic impresariate, its members receive an allowance paid from the budget of the Center for Vocational Training in Culture." 19. Article 27 is amended and shall read as follows: "" Art. 27. -(1) The Register of Performing Arts is established. (2) The register is the unitary instrument of record in which the institutions and companies of performances or concerts are registered, as well as the titular individuals of the artistic impresario attestation and the legal persons of private law who have obtained the opinion of artistic impresario. (3) The register is administered by the Ministry of Culture and Religious Affairs, through the Center for Vocational Training in Culture. (4) The manner of organization and functioning of the Register is approved by order of the Minister of Culture and Religious Affairs, within 60 days from the entry into force of the law approving this ordinance. (5) For the already existing institutions of performances or concerts, the public administration authorities under which they operate will take the necessary steps to register in the Register, within 120 days from the date of entry into force of the the order of the Minister of Culture and Religious Affairs (4); for institutions of newly established performances or concerts, the public administration authorities under which they operate will take the necessary steps to register in the Register, within 60 days from the date of establishment. (6) The companies of performances or concerts already existing will take the necessary steps to register in the Register, within 120 days from the date of entry into force of the order of the Minister of Culture and Religious Affairs provided in par. (4); the newly established show or concert companies will take the necessary steps to register in the Register, within 60 days from the date of establishment. (7) Individuals and legal persons of private law who currently carry out activities of artistic impresario, attested, respectively endorsed as such, shall be reentered in the Register, within 60 days from the date of entry into force of the order the Minister of Culture and Religious Affairs referred to in (4), on the basis of an evaluation carried out by the Commission for attestation and endorsement in the field of artistic impresariate (8) Individuals and legal persons of public or private law who will be attested, respectively endorsed, according to the provisions of this ordinance, shall be entered in the Register within 30 days from the date of attestation or notice. " 20 articles 29, 30 and 31 shall be repealed. 21. Article 32 is amended and shall read as follows: "" Art. 32. -The tariffs for granting attestations and opinions in the field of artistic impresariate, as well as those for registration in the Register are approved by order of the Minister of Culture and Religious Affairs, which is published in the Official Gazette of Romania, Part I, and they come to the budget of the Center for Vocational Training in Culture. " 22. After Article 32, two new articles are inserted, Articles 32 ^ 1 and 32 ^ 2, with the following contents: "" Art. 32 32 ^ 1. -The procedures provided for in art. 11 ^ 1 para. (5) are elaborated by the Ministry of Culture and Religious Affairs and shall be approved by Government decision, within 90 days from the date of entry into force of the law approving this ordinance. Art. 32 ^ 2. -The methodological norms provided in art. 15 ^ 1 para. (2) shall be elaborated by the Ministry of Culture and Religious Affairs and shall be approved by Government decision, within 90 days from the date of entry into force of the law approving this ordinance. " 23. In Article 33, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 33. -(1) The following facts are contraventions: a) failure to perform the steps for registration in the Register within the deadlines provided in art. 27 27 para. (5) and (6) and shall be sanctioned with a fine of 1,000 lei to 5,000 lei; b) carrying out activities of artistic impresarisation by individuals or legal entities of private law, without obtaining the attestation or, as the case may be, of the opinion in the field of artistic impresariate, and shall be sanctioned with a fine of 5,000 lei to 10,000 lei; c) non-registration in the Register within the deadlines provided in art. 27 27 para. (7), respectively (8), and is sanctioned with a fine of 1,000 lei to 5,000 lei; d) the conduct of artistic impresario activities by individuals or legal entities under private law, without registration in the Register, and is sanctioned with a fine of 1,000 lei to 5,000 lei. (2) Finding and sanctioning the contraventions provided in par. (1) shall be made by the persons empowered by order of the Minister of Culture and Religious Affairs. " 24. After Article 36, the Annex is inserted which forms an integral part of this Law. + Article II ((1) Provisions art. 15 ^ 1 of Government Ordinance no. 21/2007 , as amended and supplemented by this Law, shall enter into force and shall apply from 1 September 2008, in a staggered manner, in accordance with the provisions contained in the methodological norms elaborated by the Ministry of Culture and Religious Affairs according to the art. 32 ^ 2 of Government Ordinance no. 21/2007 , with the amendments and additions made by this law. ((. On the date of entry into force of the provisions art. 15 ^ 1 of Government Ordinance no. 21/2007 , with the amendments and additions made by this law: a) provisions of Annex no. IV/2c Government Ordinance no. 10/2007 on the salary increases that will be granted in 2007 to the appropriate salary staff Government Emergency Ordinance no. 24/2000 on the system for the establishment of basic salaries for contract staff in the budgetary sector and in the salary of staff in accordance with Annexes no. II and III to Law no. 154/1998 on the system for determining the basic salaries in the budgetary sector and allowances for persons occupying positions of public dignity, published in the Official Gazette of Romania, Part I, no. 80 of 1 February 2007, approved with amendments by Law no. 231/2007 ,, is amended accordingly; b) Law no. 102/2004 on the increase of some salary rights of the artistic staff of the "George Enescu" Philharmonic in Bucharest, published in the Official Gazette of Romania, Part I, no. 321 of 14 April 2004, shall be repealed. 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, December 3, 2007. No. 353. + Annex ((Annex to Government Ordinance no. 21/2007 ) A. Specialty artistic functions a) Execution functions ┌ ---- [...] [...] [...] [...] [...] | | No. | | Level | Category | Coefficient | | | | | | | | | | | | multiplicare *) | | | | | | | | | | | | | | | | | | | | | | | minim| maxim | ├ ---- [...] [...] [...] [...] [...] [...] | | Artists and assimilates: | | | | | | | | | | | | accompaniator; | | I | 6.51 | 9.76 | | | theatrical actor/puppet puppet-puppets; | | | | | | | | | | | | | | lyrical artist; | | | | | | | | | balerin; | | | | | | | | | dancer; conductor; choir conductor; | | | | | | | | | | | | | concertmaistru; instrumental artist; | | | | | | | | | | | | master circus artist; | | | | | | | | | vocal soloist/ballet/concert | | | | | | | | | | | | | | | | | | | | | | | | 1. | Artists creators and assimilated: | S | II | 3,26 | 6,51 | | | plastic artist; | | | | | | | | | | assistant director/scenography; | | Debutant | 2,44 | | | artistic/musical consultant; | | | | | | | | | | | | choreographer; corepeitor; | | | | | | | | graphician; | | | | | | | | master ballet/dans/cor/corepeatitor; | | | | | | | | | master of ballet/musical studies/canto; | | | | | | | | | | | | | theatrical artistic director/operetta | | | | | | | | | | | | | puppet-puppets; | | | | | | | | | literary/musical/artistic; | | | | | | | | | | scenographer; sculptor dolls; | | | | | | | | sufleor opera/opereta/teatru | | | | | | ├ ---- 留言 | 加入好友 ----- 留言 | 加入好友 ----- 留言 | 加入好友 | | Artists and assimilates: | | I | 4,88 | 6,51 | | | accompaniator; | | | | | | | | | theatrical actor/puppet puppet-puppets; | | | | | | | | | | | | | | circus artist; | | II | 2,27 | 4,88 | | | balerin; | | | | | | | | | corist; | | | | | | | | | dansator; conductor cor; | | | | | | | | | | | instrumententist; | | | | | | | | | vocal soloist/ballet/concert | | | | | | | | | | | | | | | | | | | | | | | | Two. | Artists creators and assimilates: | M ----- ------- | | plastic artist; | | | | | | | | assistant director/scenography | | Debutant | 1,46 | | | choreographer; corepeitor; | | | | | | | | graphician; | | | | | | | | master ballet/dans/cor/corepeatitor; | | | | | | | | | master of studies | | | | | | | | balet/canto; | | | | | | | | literary referent/musical/artistic; | | | | | | | | sculptor dolls; | | | | | | | | theatrical sufleor/opera/operetta | | | | | | | └ ---- [...] [...] [...] [...] [...] ----------- Note *) Reference value = 450 lei. b) Specific driving allowances, set in percentages of the basic salary: Specialized functions for which allowance is awarded Until the artistic director, conductor, choreographer, concertmaster 15% Dirijor cor, head of the game, master of studies 10% c) Allowances for solistic activity/main role, set in percentages of the basic salary: Specialist functions for which allowance is awarded Up to the lyrical Artist/Actor 15% Vocal soloist/ballet/concertist/instrumentalist 15% Corist 10% B. Specialty technical functions a) Execution functions ┌ ---- [...] [...] [...] [...] [...] | | No. | | Level | Category | Coefficient | | | crt. | | | | | multiplication | | multiplication | | | | | | | | | | | | | | | | | | | | | minimum | maximum | ├ ---- [...] [...] [...] [...] [...] | | 1. | Stage services: | | | | | | | | | | image editor/sunet; | | I | 4,88 | 6,51 | | | lumini/sunet/imagine; | | | | | | | | | | | recuziter orchestra; | S | II | 2,27 | 4,88 | | | technical director; backstage director; | | | | | | | | | | | | plateau secretary | | Debutant | 1,62 | ├ ---- [...] [...] [...] [...] [...] | | Qualified staff-services | | I | 4,07 | 5,69 | | | scene and production: | | | | | | | | | brodeor; butafor; | | | | | | | | | | cobbler-confectioner footwear; | | II | 1,62 | 4,07 | | | confectioner-montator | | | | | | | | | | | wood products; | | | | | | | | | costumier; tailor-confectioner | M | | | | | | | clothing; | | | | | | | | | | Two. | electrician lighting scene; | | | | | | | | imprimeur textile; | | | | | | | | machior; | | | | | | | | manual-fitter decoration; | | | | | | | | | maistru tunor/pian/clavecin; | | | | | | | | | maistru lutier; | | | | | | | | maister sunet/lumini; | | Debutant | 1,46 | | | | | | | | | | | | | | | | | | lacatus montator; | | | | | | | | peruchier; | | | | | | | | executor painter; | | | | | | | | recusiter; director backstage; | | | | | | | electroacoustics; | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | tapiter | | | | | ├ ---- [...] [...] [...] [...] [...] | | 3. | Unqualified staff: | | I | 1.46 | 2.27 | | | scene and production services; | | | | | | | | | | | | | | | public reception services | M, G | | | | | | | (hall supervisor, controller | | Debutant | 1,20 | | | tickets, wardrobe, usher) | | | | | | └ ---- [...] [...] [...] [...] [...] b) Specific driving allowances, set in percentages of the basic salary: Specialist positions for which allowance is granted Up to Head of workers 15% Technical director, stage director, plateau secretary 15% C. Specialty administrative functions a) Execution functions ┌ ---- [...] [...] [...] [...] [...] | | No. | Function | Level | Category | Coefficient | | | | | | | | | de multiplicare | | | | | | | | | | | | | | | | | | | | | minimum | maximum | ├ ---- [...] [...] [...] [...] [...] | | 1. artistic theatrical/musical impresario; | | I | 4,88 | 6,51 | | | manufacturer delegate; engineer | | | | | | | | | | | | production; | S | II | 2,27 | 4,88 | | | specialist in public relations; | | | | | | | | | | cultural marketing specialist | | Debutant | 1,46 | └ ---- [...] [...] [...] [...] [...] b) Driving functions No. Crt. Function Level of studies Multiplier coefficient maximum 1. Managing Director/Director S 6,51 9,76 2. Deputy Managing Director/Deputy Director (artistic/economic/technical /marketing) S 6,51 8,14 c) Driving allowances, set in percentages of the basic salary: Specialist functions for which allowance is awarded Up to General Manager 55% Deputy Managing Director, Director 50% Deputy Director, Chief Accountant 40% Head of Service 30% Head of workshop, Head Office 25% NOTE: Framing in the artistic and technical specialized functions enrolled in grid A and in grid B respectively, for people who have valuable results in activity, can be done, with the nominal approval of the Minister of Culture and Religious Affairs, without having the level of studies required for fasting --------