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Law No. 172 Of 16 July 2010 For The Modification And Completion Of The Law #. 184/2001 On The Organisation And Exercise Of The Profession Of Architect

Original Language Title:  LEGE nr. 172 din 16 iulie 2010 pentru modificarea şi completarea Legii nr. 184/2001 privind organizarea şi exercitarea profesiei de arhitect

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LEGE no. 172 172 of 16 July 2010 to amend and supplement Law no. 184/2001 on the organisation and exercise of the architectural profession
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 513 513 of 23 July 2010



The Romanian Parliament adopts this law + Article UNIC Law no. 184/2001 on the organization and exercise of the profession of architect, republished in the Official Gazette of Romania, Part I, no. 771 of 23 August 2004, shall be amended and supplemented as follows: 1. Article 4 is amended and shall read as follows: "" Art. 4. -(1) He carries the title of architect the graduate with a diploma or other similar document issued by the higher education institutions of architecture recognized by the Romanian state, which meets the minimum training conditions for the profession of architect provided by Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications published in the Official Journal of the European Union L series, no. 255 255 of 30 September 2005, hereinafter referred to as the Directive. (2) It is forbidden to use the title of architect by persons who do not hold this professional qualification on the basis of an official qualification title. " 2. Article 5 is amended and shall read as follows: "" Art. 5. -(1) The title of architect and citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area, as well as the citizens of the Swiss Confederation, graduates with a diploma or other similar document issued by institutions of higher education of architecture recognised in one of the said States, which fulfil the minimum training conditions for the profession of architect provided for by the Directive. (2) The title of architect and alumni, citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and citizens of the Swiss Confederation, with a diploma or other similar document obtained within certain social programmes or as a result of the graduation of higher classes without frequency in the field of architecture and which have acquired the required minimum level of knowledge, although the conditions relating to the minimum duration of the studies provided have not been met Directive. These persons must have a professional experience of at least 7 years under the guidance of an architect with a right of signature or other equivalent right or an architectural firm and to pass a standard graduation exam of university level, equivalent to the final exam for obtaining the diploma or other similar document, according to the provisions of par. ((1). ((3) The citizens of the Member States of the European Union, the citizens of the Member States of the European Economic Area and the citizens of the Swiss Confederation are entitled to the use of the academic legal title held, of the one acquired professional from the Member State of origin and, where applicable, the abbreviation used in the Member State of origin in the language of that State. ((4) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and citizens of the Swiss Confederation authorised to act as an architect on the basis of a legislative act of that Member State, by which the competent authorities give this title to the personalities who have distinguished themselves by achievements in the field of architecture, may use this title in Romania. " 3. Article 6 is amended and shall read as follows: "" Art. 6. -(1) The Order of Architects of Romania is the competent authority for the recognition of formal qualifications in the profession of architect, for the citizens of the Member States of the European Union, citizens of the Member States of the Economic Area European and citizens of the Swiss Confederation. (2) Official qualifications in the profession of architect of the citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and of the citizens of the Swiss Confederation shall be subject to the recognition in order to exercise the profession of architect on the territory of Romania, approved by Government decision. (3) By exception to the provisions of par. (2), the general arrangements for recognition of professional qualifications provided for by Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, with subsequent amendments and completions, shall apply to the profession of architect, under the conditions laid down in art. 1 1 para. ((4) of Law no. 200/2004 ,, as amended and supplemented. " 4. In Article 9, paragraph 2 shall be amended and shall read as follows: " (2) The right of signature shall be exercised, with the clear mention of the name, surname and the number of registration in the National Painting of Architects, on all the documentation elaborated within all the design and authorization phases, including during the execution and at the reception of the works. " 5. In Article 10, paragraphs 2 and 5 shall be amended and shall read as follows: "" (2) The architects acquire the signature granted by the Order of Architects of Romania, under the law, if they have the full exercise of civil rights, if they meet the conditions of honorability and internship or, as the case may be, experience professional practice, provided by this Law and by the Directive. Obtaining the right of signature by architects obliges their registration in the National Painting of Architects, under the law. .............................................................................. ((5) The acquisition of the right of signature is based on a request addressed to the Order of Architects of Romania, accompanied by the copy of the official qualification title and the certificate on the acquisition of practical professional experience, together with a portfolio comprising the work on which the applicant collaborated during the internship period. " 6. in Article 10, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: "" (5 ^ 1) The assessment of the relevant knowledge, skills and professional experience is made by a commission made up of architects with the right of signature, appointed by the National Council, according to the provisions of the Order of Architects Romania. " 7. Article 11 is amended and shall read as follows: "" Art. 11. --(1) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and the citizens of the Swiss Confederation who request the establishment in Romania and meet the conditions laid down in 5 5 and 6 regarding the holding of the title of qualification and the exercise of the profession of architect and having the right of signature on the territory of one of these states or an equivalent right will acquire the right of signature on the territory of Romania automatic recognition of this right. ((2) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and the citizens of the Swiss Confederation who request the establishment in Romania and meet the conditions laid down in 5 5 and 6 relating to the holding of the title of qualification and the exercise of the profession of architect and who have no right of signature or other equivalent right obtained in the territory of one of these states will acquire, on request, the right of signature on the territory Romania, under the same conditions as Romanian citizens. ((3) Architects citizens of the Member States of the European Union, those of the Member States of the European Economic Area and the citizens of the Swiss Confederation having the right to exercise the profession of architect with the right of signature or other equivalent right in one of these states and which request the right to temporarily or occasionally provide services in the field of architecture on the territory of Romania, without requesting the establishment in Romania, will acquire the right of signature without being enrolled in the National of Architects and will be automatically registered in the Order of Architects of Romania, on the duration of the service. (4) The documents necessary for the registration, at the first provision of services in the field of architecture or in case of changes in the situation compared to the original one, retained in the documents, in the case of temporary or occasional benefits, are: a) a written prior declaration stating the duration of the provision, its nature, the place of business, as well as the field of insurance or other means of personal or collective protection of professional responsibility which the applicant benefits from in Romania; b) copy of the document certifying the nationality of the c) the document issued by the Member State of establishment certifying that, at the time of its release, the holder is legally established in Romania and that it is not permanently or temporarily forbidden to exercise the activities of the architect; d) copies of diplomas, certificates or other formal qualifications in the profession of architect. (5) The declaration provided in par. ((4) lit. a) it is renewed once a year, if the provider envisages exercising his profession as a temporary or occasional architect, during that year, or in the event of a change in his/her situation from the original one. (6) The Order of Architects of Romania will accept as proof of honorability a document issued to the citizen of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation by the competent authority of the State of its origin; this document must be submitted no later than 3 months after the date of its release by the competent authority of the State of origin. ((7) The citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area or citizens of the Swiss Confederation exercising their profession on the territory of Romania shall be subject to the rules and procedures regarding the use of professional title, professional, deontological and disciplinary rules applicable to the profession, in accordance with the provisions of this law. (8) The Order of Architects of Romania will provide interested persons with information regarding the specific national legislation and the Code of Ethics of the Architectural Profession. " 8. Article 12 is amended and shall read as follows: "" Art. 12. -The conditions in which the owners of official qualifications in the profession of architect, who are citizens of other states outside those mentioned in art. 5, hereinafter referred to as third states, may exercise their profession in Romania, acquire the right of signature and apply for registration in the National Painting of Architects will be established, under conditions of reciprocity, by conventions concluded by the Romanian state with their home states, in compliance with at least the minimum conditions of training in the profession of architect, provided for by the Directive. " 9. Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) In order to acquire the right of signature, the architect, according to the provisions of the Directive, carries out his professional activity as a trainee for a minimum period of 2 years, at an architectural office or at a commercial design company, under the guidance of a signature architect. (2) The internship provided in par. (1) may be reduced to one year in the case of architects who have acquired the experience of at least 2 consecutive years in the specialized services of the central or local public administration. (3) The conditions of the internship in order to acquire the practical professional experience, the rights and obligations of the trainee architect, as well as those of the Order of Architects of Romania Architects in Romania. (4) For architecture graduates with a doctor's degree in the field, the duration of the internship is reduced to one year. (5) After the internship, the architect may acquire the right of signature conferred by the Order of Architects of Romania, under the present law. " 10. In Article 19, letter c) is amended and shall read as follows: " c) to benefit from a fair fee for the services provided, corresponding to the amount, time required and responsibility assumed, freely negotiated with the customer. The Order of Architects of Romania, with the opinion of the Ministry of Regional Development and Tourism and the Ministry of Culture and National Heritage, elaborates the system of information on costs for architectural design, which will be done public. The system of information on costs for architectural design includes ways made available to architects to calculate costs and to negotiate the fees that are charged. The system of information on costs for architectural design is not binding, does not impose obligations on suppliers or beneficiaries and does not establish minimum or maximum fees; ". 11. In Article 23, paragraphs 2, 3 and 5 shall be amended and shall read as follows: " (2) The Order of Architects of Romania is headquartered in Bucharest and is organized with branches in the territory. His activity is financed from registration fees, annual contributions of members, funds resulting from scientific, economic and editorial activities that he carries out, organization of architectural competitions, urban and landscape design, as well as from donations, related, sponsorships or other sources, under the law. (3) Of the Order includes architects and conductors architects with or without right of signature, urbanists diplomats without right of signature or to whom it was granted, under the law, the right of signature similar to architects, interns and any holder of the title of architect, at their request. .......................................................................................... (5) The Order has the obligation to publish annually in the Official Gazette of Romania, Part I, the National Painting of Architects, the Regulation of the Order of Architects of Romania, the Code of Ethics of the Architectural Profession and the Information System on costs for architectural design. " 12. In Article 28 (1), letter g) shall be amended and shall read as follows: "g) approve the value of the single annual contributions for the categories of members of the Order." 13. Article 36 is amended and shall read as follows: "" Art. 36. -(1) For the centralization of the record of architects from all over the country, the National Painting of Architects is established, a document that is published annually in the Official Gazette of Romania, Part I. ((2) The registration in the National Picture of Architects highlights the form in which the registered members exercise their right of signature, professional address and branch of which they belong. (3) The registration in the National Painting of Architects allows the exercise of the right of signature throughout Romania. ((4) Architects who have the right of suspended signature, for whatever reasons, will be highlighted separately in Part II of the National Tabloor of Architects. " 14. Article 37 is amended and shall read as follows: "" Art. 37. -The Order of Architects in Romania issues the necessary documents to Romanian citizens who wish to exercise the profession in the Member States of the European Union, in the Member States of the European Economic Area, in the Swiss Confederation, as well as in third States. ' 15. In Article 46, paragraph 2 shall be amended and shall read as follows: "(2) Within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the National Conference shall adopt the Framework Regulation of the Order of Architects of Romania and the Code of Ethics of the Architectural Profession." 16. After Article 50 a new article is inserted, Article 50 ^ 1, with the following contents: "" Art. 50 50 ^ 1. -The provisions of this Law are supplemented by Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and additions by Law no. 68/2010 ,, to the extent that they are not contrary to this law. " 17. After Article 51, a note shall be inserted as follows: " This law translates the provisions of art. 3 3 para. ((1) lit. d), art. 3 3 para. ((3), art. 4 4, art. 6 (partially), art. 7 7 para. ((1) and (2), art. 21 21 para. ((1), art. 46 46 para. ((1), art. 47 47 para. ((2), art. 48 48 para. ((2), art. 50 50 para. ((2) and art. 54 54 of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications published in the Official Journal of the European Union L series, no. 255 255 of 30 September 2005. ' 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, July 16, 2010. No. 172. ----