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Law No. 157 Of 11 July 2011 Amending And Supplementing Certain Acts On Aliens In Romania

Original Language Title:  LEGE nr. 157 din 11 iulie 2011 pentru modificarea şi completarea unor acte normative privind regimul străinilor în România

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LEGE no. 157 157 of 11 July 2011 (* updated *) amending and supplementing certain normative acts regarding the regime of foreigners in Romania ((applicable from 28 November 2014 *)
ISSUER PARLIAMENT




---------- *) The updated form of this normative act until September 3, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by ORDINANCE no. 25 25 of 26 August 2014 . The content of this act is not an official document, being intended to inform users To create the legal framework for direct application of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 on the establishment of a Community Visa Code (Visa Code), published in the Official Journal of the European Union L series no. 243 of 15 September 2009, and for the creation of the necessary legal framework Decision 582 /2008/EC of the European Parliament and of the Council of 17 June 2008 introducing a simplified regime for the control of persons at the external borders, based on the unilateral recognition by Bulgaria, Cyprus and Romania of certain documents equivalent to their national visas for transit through their territories, published in the Official Journal of the European Union L series no. 161 161 of 20 June 2008, and Decision 586 /2008/EC of the European Parliament and of the Council of 17 June 2008 amending Decision no. 896 896 /2006/EC establishing a simplified regime for the control of persons at the external borders, based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through the territory of published in the Official Journal of the European Union L series no. 162 162 of 21 June 2008, The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 421 of 5 June 2008, with subsequent additions, shall be amended and supplemented as follows: 1. in Article 2, points a), c), d), e), g) and i) shall be amended and shall read as follows: "" a) foreigner-the person who does not have the Romanian citizenship, the nationality of another Member State of the European Union or of the European Economic Area or the nationality of the Swiss Confederation ................................................................. c) resident-the foreign holder of a temporary residence permit granted under the conditions of this emergency ordinance; d) long-term resident-the foreign holder of a long-term residence permit granted under the conditions of this emergency ordinance; e) sponsor-the foreigner, holder of a residence permit or a Blue Card of the European Union issued by the Romanian Immigration Office, who request family reunification or whose family members request family reunification with him, under the conditions of this emergency ordinance; ..................................................................... g) visa-authorization, materialized by applying a necklace on a valid state border crossing document or, as the case may be, on the separate tab for the application of the visa, which gives the holder the right to request the airport transit, transit or temporary stay for a period determined with the fulfilment of the conditions provided for by this Emergency Ordinance; ..................................................................... i) right of temporary stay-the foreign right to remain on the territory of Romania for a fixed period, under the law; ". 2. In Article 2, after letter e) a new letter is inserted, letter e ^ 1), with the following contents: " e ^ 1) family reunification-the entry and stay on the territory of Romania of family members of a foreigner with legal residence on the territory of Romania or of a Romanian citizen, in order to keep the family unit, regardless of the date of establishment of this family relations; ". 3. In Article 2, after letter f) a new letter, letter f ^ 1) is inserted, with the following contents: " f ^ 1) the separate tab for the application of the visa-has the meaning set out in art. 2 2 section 8 8 of EC Regulation No 810/2009 of the European Parliament and of the Council of 13 July 2009 on the establishment of a Community Visa Code (Visa Code), published in the Official Journal of the European Union L series no. 243 of 15 September 2009, hereinafter referred to as the Visa Code; ' 4. In Article 2, after letter g) a new letter, letter g ^ 1) is inserted, with the following contents: "g ^ 1) the long-stay visa-the visa entitling the holder to apply for the extension of the right of temporary residence for a period of more than 90 days, under the conditions of this emergency ordinance;". 5. In Article 2, after letter i) a new letter, letter i ^ 1) is inserted, with the following contents: "" i ^ 1) long-term residence right-the right granted to the foreigner by the competent authorities to remain on the territory of Romania for an indefinite period, under the law; ". 6. In Article 2, after letter k) a new letter, letter k ^ 1) is inserted, with the following contents: "k ^ 1) residence permit for posting purposes-the identity document that is issued to the foreigner by the Romanian Immigration Office, under the law, and attests to the right of residence and work on the basis of posting on the territory of Romania;". 7. in Article 2, after letter o), ten new letters, letters p)-z shall be inserted, with the following contents: " p) travel title for foreigners-document issued under the law, valid for one trip, for foreigners who are no longer in possession of a valid travel document; q) repatriation certificate-document issued by the Romanian Immigration Office that allows the exit from the country of foreigners included in the assisted voluntary repatriation program; r) Schengen state-a state that fully applies the Schengen acquis in the field of visas and immigration; s) The EU Blue Card-the residence permit for work bearing the name "EU Blue Card" and which gives its owner the right to stay and work on the territory of Romania as an employee on a highly qualified job; t) the first Member State-the Member State granting the first "EU Blue Card"; u) illegal stay-the presence on the territory of Romania of a foreigner who is in one of the following situations: (i) passed or tried to cross the state border illegally of Romania; (ii) entered Romania during the previously ordered period of prohibition; ((iii) no longer meets the conditions of entry and/or stay, provided for by this emergency ordinance; v) removal from the territory of Romania-the process of voluntary return or under escort of a foreigner in the country of origin, in a transit country established according to the agreements to which Romania or the European Union are parties or in another country the third in which the foreigner decides to return and in which he will be accepted; x) the prohibition of entry-the decision or any other act of an administrative or judicial nature prohibiting the entry and stay on the territory of Romania for a fixed period; y) the risk of absconding-the existence of reasons justifying in a particular case the assumption that a foreigner who is the subject of a removal procedure may evade it, the reasons may be as follows: (i) the foreigner has passed or attempted to cross the state border illegally; (ii) the foreigner did not comply with the obligation to present himself periodically to the territorial formation of the Romanian Immigration Office that imposed that measure or left the radius of its territorial competence, under the conditions of this ordinance emergency; (iii) the foreigner does not prove a living space on the territory of Romania; (iv) the foreigner cannot prove his identity; (v) other objective reasons determined by the foreign conduct; z) vulnerable persons-minors, unaccompanied minors, persons with disabilities, elderly persons, pregnant women, single parents with minor children and persons who have been subjected to torture, rape and other serious forms of mental, physical or sexual violence. " 8. In Article 6 (1), point b) shall be amended and shall read as follows: " b) possess a visa or residence permit granted under the conditions of this emergency ordinance or, as the case may be, possess any authorization that gives the holder the right of transit or residence on the territory of Romania on the basis of normative acts of the Union European, mandatory and applicable for Romania, if through international agreements it has not been established otherwise; ". 9. Article 6 (1), point (f) shall be repealed. 10. In Article 6 (1), letter g) shall be amended and shall read as follows: "" g) in their name no alerts have been entered in the Schengen Information System for the purpose of not allowing entry; '. 11. In Article 6, paragraphs 3 and 5 shall be amended and shall read as follows: " (3) Foreigners who are stationed in international transit zones of airports, in transit zones at the state border or in accommodation centers that have the transit zone regime, as well as foreigners boarded on ships or craft. anchored in seaports and rivers or which are in transit on the Danube or in the border waters do not apply to the provisions of this emergency ordinance regarding the conditions of entry and residence of foreigners on the territory of Romania. ................................................................ (5) The crossing of the state border by foreigners can also be done through other places, under the conditions established in bilateral agreements and agreements, or through other border crossing points, only with the approval of the competent authority. " 12. In Article 7, paragraph 1 shall be amended and shall read as follows: " (1) It is forbidden to bring to Romania by air, naval or land transport companies foreigners without border crossing documents, with false documents or visas or falsified or hidden in the means of transport or not meet the conditions provided in art. 6 6 para. ((1) lit. a) and b). " 13. In Article 8, the introductory part of paragraph 1 shall be amended and shall read as follows: "(1) Aliens shall not be allowed to enter the territory of the Romanian state if:". 14. In Article 8, the introductory part of paragraph 2 shall be amended and shall read as follows: "(2) The bodies of the border police may not allow foreigners to enter the territory of the Romanian state and in the following situations:". 15. In Article 8 (2), after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: "b ^ 1) have previously violated, unjustifiably, the purpose declared when obtaining the visa or, as the case may be, upon entering the territory of Romania, they violated the customs regime or passed or tried to cross the Romanian state border illegally;". 16. In Article 8, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The bodies and institutions that hold data and information on the existence of situations of the nature of those provided in par. (1) and (2) may request the General Inspectorate of the Border Police or the Romanian Office for Immigration to dispose of the measure of non-permitting entry into Romania, under the conditions of this emergency ordinance. ((4) The measure not allowing entry into Romania shall be motivated by the border police bodies and shall immediately be communicated to the person concerned, using the form set out in Part B of Annex V to the Commission Implementing Regulation (EU) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the regime of border crossing by persons (Schengen Borders Code), published in the Official Journal of the European Union (JOUE) no. L105 of 13 April 2006, hereinafter referred to as the Schengen Borders Code, as well as of the Consular Department of the Ministry of Foreign Affairs. " 17. Article 9 is amended and shall read as follows: "" ARTICLE 9 Foreign obligations (1) The stranger who is not allowed to enter Romania is obliged to leave immediately the crossing point of the state border to the country of origin or any other destination he wants, except for the territory of Romania. (2) If the foreign crossing point of the state border is immediately left by the foreigner referred to in par. (1) it is not possible, the organs of the border police may take the measure of its accommodation in a space or place arranged for this purpose in the transit zone, provided by the administrator of the border crossing point or, if this work is not possible, in another location established outside the border crossing point, with transit zone regime, until the end of the reasons that make it impossible to leave, but not more than 24 hours from the date of accommodation. " 18. Article 10 is amended and shall read as follows: "" ARTICLE 10 Documents under which the state border can be crossed (1) The crossing of the state border through the border crossing points or other places established for the border crossing is made only on the basis of the documents accepted by the Romanian state, according to the international agreements to which Romania is part or the European rules on the border crossing. (2) Foreigners included as companions in a state border crossing document belonging to another person may enter or leave Romania only together with its holder. (3) The Ministry of Foreign Affairs, with the opinion of the Ministry of Administration and Interior, annually updates the list of state border crossing documents accepted by the Romanian state for entry into the country, issued by states or entities international, which is approved by Government decision. (4) For humanitarian reasons or in the application of international agreements or agreements to which Romania is a party, the Romanian Government may approve, by decision, the exemption from the obligation to hold the border crossing documents. " 19. In Article 11, paragraph 2 shall be amended and shall read as follows: " (2) If the international conventions or normative acts abolishing unilaterally the visa regime are not provided for the period of stay, foreigners who do not have the obligation to obtain the visa to enter Romania are allowed access to the territory of the Romanian state and can remain a maximum of 3 months within 6 months, starting with the date of first entry into the country. " 20. In Article 12, paragraph 1 shall be amended and shall read as follows: "(1) The stranger legally entered on the territory of Romania, as well as the person who hosts him have the obligation to notify about this competent territorial police body, within 3 days from the date of entry and hosting respectively." 21. In Article 13 (1), point c) is amended and shall read as follows: " c) prolongation of the validity or change of the state border crossing document. '; 22. In Article 15, paragraph 2 shall be amended and shall read as follows: " (2) In the situations provided in par. (1) the competent bodies of the Ministry of Administration and Interior will implement the measure not to allow the exit from the territory of Romania, only on the basis of the documents concluded by the prosecutor, the courts or the bodies provided by law that have powers to implement the prison sentence, which contain such a measure and are transmitted for implementation. " 23. Article 15 (3) shall be repealed. 24. Article 15 (4) shall be amended and shall read as follows: "" (4) The implementation of the measure shall be carried out, in all cases, by the establishment of the nominal border record by the border police bodies. " 25. Article 16 is amended and shall read as follows: "" ARTICLE 16 Termination of the measure not allowing exit The termination of the measure of non-permitting the exit is made by cancelling the nominal record, at the written request of the public authority to which such competence lies according to the law, for the situations provided in art. 15 15 para. ((1). ' 26. In Article 16 ^ 4 (3), point d) is amended and shall read as follows: "d) foreigners have violated customs regulations or passed or attempted to cross the state border illegally;". 27. in Article 20 (d), after point (iv) a new point (iv ^ 1) is inserted, with the following contents: "" (iv ^ 1) detachment, identified by the symbol D/DT; '. 28. In Article 20 (d), the point (vii) shall be amended and shall read as follows: "(vii) religious activities, identified by the symbol D/AR;". 29. Article 21 is amended and shall read as follows: "" ARTICLE 21 Airport transit visa (1) The airport transit visa shall be granted in the situations referred to in art. 3 3 of the Visa Code. (2) The incidence of the situations provided in art. 3 3 para. (2) of the Visa Code shall be established by joint order of the Minister of Foreign Affairs and of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. (3) The Ministry of Foreign Affairs informs the European Commission about the issuance, respectively the abrogation of the joint order provided in par. ((2). ' 30. Article 23 (2) shall be repealed. 31. Article 23 (4), points d) and f) shall be amended and shall read as follows: " d) business-for the foreigner who intends to travel to Romania for economic or commercial purposes, for contracts or talks, for the location, commissioning or verification of the use and operation of the goods purchased or sold in the framework of commercial and industrial cooperation contracts, for the training of personnel in this regard, as well as for the foreigner who is or is to become an associate or shareholder of a company in Romania; .................................................................. f) sports activities-for the foreigner who is to enter Romania for a limited time, in order to participate in occasional sports activities; ". 32. In Article 24 (1), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: " d ^ 1) secondment-qualified foreigners, employees of a foreign legal person, who can carry out activities on the territory of Romania, in the following situations: they are posted on the territory of Romania on behalf of the enterprise and under the coordination it, within the framework of a contract concluded between the undertaking that makes the posting and the beneficiary of the provision of services operating in Romania, are posted to a unit located on the territory of Romania or to an undertaking which belongs to a group of enterprises located on the territory of Romania; " 33. In Article 24 (1), letter g) shall be amended and shall read as follows: "g) religious activities-to foreigners who are to enter Romania to carry out activities in the field of recognized cults, at their request;". 34. Article 26 shall be repealed. 35. In Article 30, paragraphs 5, 8 and 9 shall be amended and shall read as follows: " (5) The opinion of the Romanian Immigration Office provided in par. (4) finds that the conditions laid down in art. 6 6 para. ((1) lit. a), e), g) and h), art. 8 8 para. ((1) lit. b)-d), as well as in art. 27 27 para. ((2) lit. c) and e). .................................................................. (8) The opinion of the Romanian Immigration Office provided in par. (7) finds that the conditions laid down in art. 6 6 para. ((1) lit. a), e), g) and h), art. 8 8 para. ((1) lit. b)-d), art. 27 27 para. ((2) lit. c) and e), as well as the special conditions for each type of visa. (9) The Romanian Immigration Office issues the opinion provided in par. ((7) within up to 30 days from the date of receipt of the request of the Ministry of Foreign Affairs. In duly justified cases, where a more thorough examination of the application is necessary, the time limit may be extended by 15 days. " 36. In Article 30, two new paragraphs, paragraphs 11 and 12 shall be inserted after paragraph 10, with the following contents: " (11) If the diplomatic mission or the issuing consular office identifies an error after the visa sticker has been applied in the travel document, the visa sticker shall be cancelled by barring it with a cross with non-refadiable ink and applied. another visa sticker on a different page. (12) In order to receive visa applications and visa issuance, Romania may enter into bilateral representation agreements with any of the Schengen States. These agreements shall be concluded by the Ministry of Foreign Affairs in simplified form and shall mention the duration and area of applicability, the powers of acceptance or rejection of visa applications and the arrangements for termination. Romania, if it is a represented state, will notify the European Commission of the agreements concluded, at the time of entry into force and their termination. " 37. Article 32 is amended and shall read as follows: "" ARTICLE 32 Granting of the visa by the border police bodies Border police bodies apply the provisions of art. 35 35 and 36 of the Visa Code for granting, as an exception, at the state border crossing points, short-stay visas and transit visas. " 38. Article 33 (1) shall be amended and shall read as follows: " (1) The visa may be cancelled or revoked abroad by the diplomatic missions or consular offices of Romania, and in the country by the border police bodies, on the occasion of the control for the crossing of the state border or on the occasion detection of persons who have passed or tried to cross the state border illegally, or by the Romanian Immigration Office, when foreigners are on the territory of the Romanian state. The execution of the measure of cancellation or revocation of the visa in the country shall be made by the border police bodies or, as the case may be, of the Romanian Immigration Office. " 39. Article 33 (2), point d) shall be amended and shall read as follows: "d) foreigners violated customs regulations or passed or attempted to cross the state border illegally;". 40. In Article 33 (2), a new letter is inserted after point d), with the following contents: "e) foreigners entered Romania during the period of prohibition, previously ordered." 41. In Article 33 (3), point c) is amended and shall read as follows: "c) after the granting of the visa, against foreigners was ordered the measure of prohibition of entry into Romania or were declared undesirable." 42. In Article 33, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: " (4 ^ 1) The decision to cancel or, as the case may be, revocation ordered by the diplomatic missions or consular offices of Romania or, as the case may be, by the border police bodies may be challenged under the law of the administrative litigation. cancellation or revocation ordered by the Romanian Immigration Office can be challenged under the conditions of art. 84 84. " 43. Article 33 (5) shall be amended and shall read as follows: "(5) If a visa is cancelled or revoked, a stamp with the words" CANCELLED "or" REVOCAT "shall be affixed, and the variable optical element of the visa sticker, the security element" latent image effect ", and the term" visa " shall be cancelled by hatching. " 44. Article 34 is amended and shall read as follows: "" ARTICLE 34 Conditions for granting the airport transit visa (1) The airport transit visa shall be granted, in the situations provided for in art. 3 of the Visa Code, by the diplomatic missions or consular offices of Romania, with the prior approval of the Consular Department of the Ministry of Foreign Affairs, under the conditions of the visa of a third state that allows foreigners continuing the journey This visa can be granted under the conditions of the presentation of the valid plane ticket to the destination and allows foreigners to stay in the airport area for no more than 5 days. (2) This type of visa is not necessary in the cases provided for in art. 3 3 para. ((5) of the Visa Code. " 45. in Article 36 (1) (f), point (iii) shall be repealed. 46. In Article 36 (1) (g), point (iii) shall be amended and shall read as follows: "(iii) proof of means of maintenance in the amount of 50 euro/day or equivalent in convertible currency, for the entire period, but not less than 500 euro or equivalent in convertible currency." 47. In Article 38 (1), the introductory part of the letter a) shall be amended and shall read as follows: " a) visit-may make invitations to Romanian citizens, citizens of another Member State of the European Union, of the European Economic Area, citizens of the Swiss Confederation or foreigners holding a document certifying residence or stay on the territory Romania, with the presentation, as appropriate, of the following documents: ". 48. In Article 38 (1) (a), point (i) shall be amended and shall read as follows: " (i) identity card or passport for Romanian citizens, identity card or passport and registration certificate, residence card or permanent residence card for citizens of the Member States of the European Union and of The European Economic Area and the citizens of the Swiss Confederation, as well as their family members and their passport and residence permit for foreigners, in original and in copy; '. 49. in Article 38 (1) (b), points (i) and (ii) shall be amended and shall read as follows: " (i) the acts of establishment of the legal person making the invitation; (ii) certified ascertaining issued by the National Trade Register Office and, where applicable, the empowerment of the company for the person appointed to invite on its behalf; ". 50. in Article 38 (1) (c), points (i) and (ii) shall be amended and shall read as follows: " (i) the acts of establishment of the legal person making the invitation; (ii) certified ascertaining issued by the National Trade Register Office and, where applicable, the empowerment of the company for the person appointed to invite on its behalf; ". 51. In Article 40 (1), points a) and b) shall be amended and shall read as follows: " a) the minor foreigner whose parent is a beneficiary of the refugee status or has subsidiary protection or is in possession of a residence permit in Romania, provided that it is valid for at least 90 days from the date of granting of the visa entry; b) the spouse and parents of the foreign beneficiary of the refugee status or who has subsidiary protection or who is in possession of a residence permit in Romania, provided that it is valid for at least 90 days from the date of granting the visa of entry; '. 52. Article 40 (2), letter f) shall be amended and shall read as follows: " f) foreigners who are to come to Romania for business purposes, at the request of the administrative authorities, as well as of the companies, which are registered on the lists of taxpayers to the state budget, established by the National Agency for Fiscal Administration and which assumes, through a letter of guarantee addressed in original to the National Visa Center, the obligation to bear the expenses on material, medical and removal assistance; ". 53. In Article 40 (2), after letter k) a new letter, letter l) is inserted, with the following contents: "" l) parents of foreign students or students, accepted to study in Romania, who arrive for their first installation, subject to the presentation of an apostilled document or, as the case may be, overelected, issued by the authorities of the state of origin attesting to the kinship. " 54. Article 43 is amended and shall read as follows: "" ARTICLE 43 Long-stay visa for the conduct of commercial activities (1) This type of visa is granted, based on the opinion of the Romanian Center for the Promotion of Foreign Trade and Investment, to foreigners who are shareholders or associates, with management or administration duties, of companies, persons Romanian legal entities, which are to make an investment under the terms of this article. (2) The opinion of the Romanian Center for the Promotion of Foreign Trade and Investment is granted to the foreigners provided in par. (1) which cumulatively meet the following conditions: a) presents a business plan that will include data on: the identification of the company, its object of activity, the object and value of the investment, the estimated number of new jobs and the stages of their creation, the stages of the the investment process and their related amounts, the investment location, the duration of the investment and its depreciation, the projection of the financial activity for a minimum period of 3 years; b) provide proof, through a single statement of account issued by a bank in Romania in the name of the individual foreign citizen, applicant of the opinion, that they have the funds necessary to carry out the activity, amounting to at least 100,000 euros, for foreigners associated in a limited liability company and at least 150,000 euros, for shareholders in a joint stock company; c) will carry out, within 12 months from the date of obtaining the residence permit, an investment according to the business plan provided in lett. a), bringing a capital or technology contribution of at least 100,000 euros for a limited liability company and at least 150,000 euros for a joint stock company; d) through the activity that the proposed investment entails, it will create, within 12 months from the date of obtaining the residence permit, at least 10 new jobs for a limited liability company and at least 15 new jobs for a joint-stock company. (3) In the case of companies with 2 or more associates or shareholders, who request the granting of the opinion, the conditions provided in par. (2) The amount of the investment to be created and the number of jobs to be created shall be assessed for each applicant separately, depending on the number of applicants for the opinion. (4) Foreigners who have previously obtained an opinion from the Romanian Agency for Foreign Investment or the Romanian Center for the Promotion of Foreign Trade and Investment may request the release of another opinion, under the conditions of this Article, the following: a) prove the objective impossibility of carrying out the previous business plan; b) prove that they realized the previous business plan. (5) The visa application will be accompanied by the following documents: a) the opinion of the Romanian Centre for Promoting Foreign Trade and Investment; b) certificate of criminal record or other document with the same legal value; c) medical insurance during the validity of the visa; d) proof of accommodation conditions. (6) The application accompanied by the documents provided in par. (5) shall be submitted to the diplomatic missions or consular offices of Romania and shall be transmitted, through the Consular Department of the Ministry of Foreign Affairs, to the Romanian Office for Immigration, for approval according to the competences. (7) The opinion of the Romanian Center for the Promotion of Foreign Trade and Investment is valid for 6 months from the date of issue and aims to establish the technical, utility and economic feasibility of the investment to be implemented by the foreign citizen. " 55. Article 44 is amended and shall read as follows: "" ARTICLE 44 Long-stay visa for employment in work (1) The long-stay visa for employment shall be granted to foreigners on the basis of the work authorization issued by the Romanian Immigration Office under the law, except for the work authorization for posted workers. (. The visa application shall be accompanied by the following documents: a) the copy of the work authorization issued by the Romanian Immigration Office or, as the case may be, documents showing that the applicant falls within the categories provided in par. ((3); b) proof of means of maintenance at the level of the minimum gross salary guaranteed in payment for the entire period stated in the c) certificate of criminal record or other document with the same legal value, issued by the authorities of the state of domicile or residence; d) medical insurance during the validity of the visa. (3) The long-stay visa for employment shall also be granted to the following categories of foreigners who may be employed or may provide work on natural or legal persons in Romania without work authorization: a) foreigners whose access without work authorization on the Romanian labor market is established in the text of agreements, conventions or agreements to which Romania is a party; b) foreigners who carry out teaching, scientific or other categories of specific activities of a temporary nature in accredited institutions in Romania, on the basis of bilateral agreements or on the basis of the order of the relevant minister; c) foreigners who are to carry out on the territory of Romania temporary activities requested by ministries or other bodies of the central or local public administration or by autonomous administrative authorities; d) foreigners who are appointed heads of subsidiary, representative or branch of a company on the territory of Romania that is based abroad, and at the time of the request are not associates, shareholders or administrators to a Romanian legal person. (4) The stranger may apply for a long-stay visa for employment within 60 days from the date of issue of the work authorization. The visa is approved by the National Visa Center, within 10 days from the date of submission of the application for the issuance of the visa, without the need to obtain the opinion provided in art. 30 30 para. ((7). (5) For foreigners referred to in par. (3) it is necessary to obtain the opinion of the Romanian Immigration Office provided in art. 30 30 para. ((7). ' 56. After Article 44, a new article is inserted, Article 44 ^ 1, with the following contents: "" ARTICLE 44 ^ 1 Long-stay visa for posting (1) The long-stay visa for posting is granted to foreigners on the basis of work authorization for posted workers, issued by the Romanian Immigration Office, under the law. (2) The long-stay visa for posting is also granted to foreigners employed by legal entities based in one of the Member States of the European Union or of the European Economic Area or in the Swiss Confederation, posted in Romania, holders of a residence permit from that state, which may be employed or may provide work on natural or legal persons in Romania without work authorization. (3) The provisions of art. 44 44 para. ((2) and (4) shall apply accordingly. (4) For foreigners referred to in par. (2) it is necessary to obtain the opinion of the Romanian Immigration Office provided in art. 30 30 para. ((7). ' 57. In Article 45, paragraphs 2 and 5 shall be amended and shall read as follows: " (2) The student quality has foreigners accepted to study by a state or private educational institution, accredited or provisionally authorized according to the law, including for participation in doctoral courses. .................................................................. (5) The foreign scholars of the Romanian state are not obliged to present the documents provided in par. ((3) lit. a) section ((ii) and (iii), and those of Romanian origin are not obliged to present the documents provided in par. ((3) lit. a) section ((iii). ' 58. In Article 46, paragraph 1 shall be amended and shall read as follows: " (1) The sponsor of a temporary residence permit valid for one year, of an EU Blue Card, of a long-term residence permit or beneficiary of refugee status or subsidiary protection may request family reunification for: a) sot/sotie; b) unmarried minor children of the sponsor and of the spouse, including those adopted; c) unmarried minor children of the sponsor, including those adopted, in its maintenance and on which the sponsor exercises parental rights. If parental rights are exercised in common, the consent of the other holder of parental rights regarding the reunification of the family requested by the sponsor is also necessary; d) unmarried minor children of the spouse, including those adopted in his/her maintenance and on whom the spouse exercises parental rights. If parental rights are exercised in common, the consent of the other holder of parental rights shall also be necessary with regard to the reunification of the family requested by the sponsor. " 59. Article 46 (4) and (5) shall be repealed. 60. Article 46 (6) shall be amended and shall read as follows: " (6) Foreigners provided in par. ((1), holders of a right of residence for carrying out a scientific research activity and the EU Blue Card holders may apply for family reunification even if the validity of the residence permit is less than one year. " 61. Article 46 (7), points d) and f) shall be amended and shall read as follows: " d) proof of legal possession of living space for a dwelling considered normal for a similar family in Romania; ................................................................. f) proof of insurance in the health insurance system of the applicant; ". 62. in Article 46 (7), after letter f), two new letters, letters g) and h) shall be inserted, with the following contents: " g) the written declaration of the person holding together with the sponsor the joint custody of the minor child for whom the family reunification is requested, showing the consent for him to live together with the sponsor on the territory of Romania; h) copy of the travel document of the family member for which the family reunification is requested. " 63. In Article 46, paragraph 8 shall be amended and shall read as follows: "" (8) If there are doubts about the conclusion of the marriage or the kinship, the Romanian Immigration Office may request further evidence for their determination. " 64. In Article 46 (9), after letter c) a new letter, letter d) is inserted, with the following contents: " d) the person for whom the family reunification is requested meets the conditions laid down in art. 6 6 para. ((1) lit. a), e) and h). " 65. Article 46 (12) shall be amended and shall read as follows: "" (12) The approval of the application shall be communicated in writing to the applicant, in order to transmit it to the interested family members, who present it to the diplomatic mission or to the consular office within 60 days of the date of issue, with the request for granting of the long-stay visa for family reunification. " 66. In Article 46 (16), after letter d) two new letters, letters e) and f) are inserted, with the following contents: " e) the foreign parent of the minor Romanian citizen, if he proves that the minor is in his maintenance or that there is an obligation to pay the maintenance pension, an obligation that the foreigner meets regularly; f) foreigners, family members of Romanian citizens, who prove that they are registered with the right of residence in another Member State in this capacity. " 67. Article 46 (17) shall be amended and shall read as follows: " (17) The visa application submitted by the persons referred to in par. ((16) lit. a)-e) will be accompanied by the marriage certificate issued by the Romanian authorities or transcribed under the law or, as the case may be, proof of the existence of the kinship or the quality of partner. " 68. In Article 46, after paragraph 17, a new paragraph (17 ^ 1) is inserted, with the following contents: " (17 ^ 1) The visa application submitted by the persons referred to in par. ((16) lit. f) will be accompanied by documents stating that they are registered with the right of residence in another Member State, as a family member of the Romanian citizen. " 69. Article 46 (19) shall be amended and shall read as follows: " (19) The granting of the long-stay visa for family reunification may be refused when the request is based on a marriage of convenience previously found, under the conditions of this emergency ordinance, or when the existence of a states of bigamy or polygamy. " 70. Article 47 is amended and shall read as follows: "" ARTICLE 47 Long-stay visa for religious activities The long-stay visa for religious activities shall be granted to foreigners, upon request, by the diplomatic missions and consular offices of Romania in the country in which they reside or domicile, under the following conditions: a) existence of the opinion of the State Secretariat for Religious Affairs. The opinion shall be granted to foreigners carrying out similar activities in the country of origin or residence; b) proof of the quality of representative of a legal religious organization established in Romania; c) proof of living space and means of maintenance, at the level of 3 average salaries on the national economy; d) proof of medical insurance and that they do not suffer from diseases that may endanger public health; e) the presentation of the criminal record certificate or other document with the same legal value, issued by the authorities of the foreign country of origin. " 71. Article 49 (1), (a) and (b) shall be repealed. 72. Article 49 (1), point d) shall be amended and shall read as follows: " d) those who request the entry into the territory of Romania for the purpose of unremunerated vocational training within an accredited professional training provider or within a public or private sector authorized under the law carry out such activities, if they prove that they cumulatively meet the following conditions: ((i) have entered into a training contract for the non-remunerated participation in a form of training in an accredited professional training provider or within a public or private sector authorized under the law carry out such activities; ((ii) have means of maintenance in the amount of at least the average gross wage per monthly economy for the entire period covered by the visa; (iii) have the consent of the parents or guardian regarding the stay on the territory of Romania for this purpose, if the foreigner is a minor. " 73. Article 50 (2), points a), d) and f) shall be amended and shall read as follows: " a) the conditions regarding the entry into Romania, provided for in art. 6 6 para. ((1) lit. c), e), g) and h); ..................................................................... d) request the granting or extension of the right of residence for the same purpose for which the visa was granted or extended the right of residence on the basis of which it is located on the territory of Romania, except for the family members of the Romanian citizen or the beneficiary foreign citizen of a long-term right of residence, if he requests the extension of the right of temporary residence for family reunification, as well as of applicants for an EU Blue Card; ................................................................. f) proves the legal possession of the living space and actually lives at the address to which he declares that he is residing on the territory of Romania. In the case of foreigners who benefit from a right of residence for family reunification, the proof of legal possession of the living space can be made by the Romanian sponsor or citizen whose family members are and with whom they live effective. " 74. In Article 50, paragraph 4 shall be amended and shall read as follows: "(4) The extension of the right of temporary residence may also be granted for periods of more than one year under the conditions of this emergency ordinance or on the basis of reciprocity." 75. Article 51 (6) shall be amended and shall read as follows: " (6) If necessary, the applicant may be called to interview. Failure to submit to the interview may be grounds for refusal to extend the right of residence, unless the applicant proves that the failure is due to reasons beyond his control. " 76. Article 51, after paragraph 6, shall be inserted two new paragraphs, paragraphs 7 and 8, with the following contents: " (7) In case of requesting the extension of the right of residence for the purpose of family reunification, the interview provided in par. (6) will be supported by both spouses. ((8) The application for extension of the right of residence made by the holder of the EU Blue Card obtained in another Member State shall be settled within 15 days from the date of receipt of the request. ' 77. Article 52 (1) shall be amended and shall read as follows: " (1) If at the time of submission of the application the general conditions and special conditions according to the purpose of the stay, provided for in this section, or the foreigner are found in one of the situations of revocation of the right of residence temporary provided in art. 77 77 para. ((3) The extension of the right of temporary residence shall be refused. 78. Article 55 (2), letter e) shall be amended and shall read as follows: " e) the investment is embodied in capital or technology contribution of EUR 70,000, in the case of the shareholder, or EUR 50,000, in the case of the associate, and in the creation of at least 15 jobs, in the case of the shareholder, namely 10 jobs, in the case of associate. In the case of job creation, they must be framed with persons employed full-time, under the law; ". 79. Article 55 (3), (b) and (c) shall be amended and shall read as follows: " b) document issued by the Romanian Centre for the Promotion of Foreign Trade and Investment, stating that the activity is carried out in accordance with the business plan; c) the ascertaining certificate, showing the quality of the applicant, the name, registered office and main activity of the company, the claims made at the notice of the courts, the duration of operation of the commercial company, the main economic and financial indicators, namely total fixed assets, turnover, net profit or losses, average number of employees. " 80. Article 55 (3), point e) shall be repealed. 81. Article 55 (3), letter f) shall be amended and shall read as follows: "f) the certificate issued by the territorial labour inspectorate, showing the number of persons employed." 82. In Article 55, paragraphs 4 and 5 shall be amended and shall read as follows: " (4) In the case of investments of at least 150,000 euros or if at least 25 jobs have been created, proof of means of maintenance can be done with other legal documents. For investments of at least 200,000 euros or if at least 50 jobs have been created, proof of means of maintenance is not required. (5) The right of temporary residence for this purpose shall be extended successively for periods of up to one year, and in the case of foreigners who prove that they have made investments of at least 500,000 euros or that they have created more than 50 full-time jobs the right of residence is extended for periods of 3 years. " 83. Article 56 is amended and shall read as follows: "" ARTICLE 56 Extension of the right of temporary residence for work or secondment (1) Aliens enter Romania for the purpose of employment, holders of a valid work authorization for permanent workers, seasonal workers, trainee workers, athletes, nominals, for cross-border workers or for workers They shall be extended the right of temporary residence if they submit the following documents a) the individual full-time employment contract, targeted by the territorial labor inspectorate, showing that the registered salary is at least at the level of the average gross salary on the economy. In the case of highly skilled workers, it will be at least 4 times the average gross salary on the economy; b) the medical act of attestation of the state of health, showing that the foreigner is fit to be employed. ((2) If the information or documents provided, on which the request of the foreign owner of a valid work authorization for highly qualified workers is based, are inadequate, the Romanian Immigration Office shall communicate to him/her the applicant for the additional information required and sets a 30-day time limit for sending them. The term provided in art. 51 51 para. ((4) shall be suspended until receipt by the Romanian Office for Immigration of the necessary information or additional documents. If no additional information or documents have been provided by the time limit, the request may be rejected. (3) Aliens entering Romania for the purpose of posting, holders of a valid work authorization for posted workers, shall be extended the right of temporary stay if they present the following documents: a) the decision of posting, translated and legalized; b) proof of holding the means of maintenance at least at the level of the average gross salary on economy (4) To foreigners employed by legal persons established in the territory of one of the Member States of the European Union or of the European Economic Area or on the territory of the Swiss Confederation, posted in Romania, shall be extended the right of temporary stay if the following documents are submitted a) the decision of posting, translated and legalized; b) the residence permit issued by the State in which the employer is based, in original and in copy; c) proof of holding the means of maintenance at least at the level of the average gross salary on economy (5) The right of residence of posted foreigners may be extended for the period provided for in the posting decision, but not more than one year in a period of 5 years. (6) Further extensions of the right of temporary residence for work purposes shall be granted if the foreigner presents the documents provided in par. (1), as well as the certificate of fiscal attestation issued by the administration of public finances in whose territorial area the employer has its headquarters showing that it has no debts to the state budget at the end of the quarter ended before the filing demand. (7) The right of temporary residence is extended for a period equal to the period of validity of the employment contract, but not more than one year. (8) Foreigners holding a valid work authorization for highly qualified workers are extended the right of temporary stay for a period equal to the period of validity of the employment contract plus 3 months, but not more than 2 years. (9) Extension of the right of residence for foreigners referred to in art. 44 44 para. (3) shall be granted only if they present the documents referred to in par. (1) and, as the case may be, those provided in par. ((3). (10) The foreigners holding a residence permit for study purposes may apply for the extension of the right of residence for work purposes, after the completion of their studies, without the obligation to obtain a long-stay visa for this purpose, subject to the conclusion a full-time employment contract, in the specialty of graduate studies. ((11) The approval or rejection of the application for the issuance of the EU Blue Card will be communicated by the Romanian Office for Immigration, in writing, to the first Member State, within 30 days from the date of the decision, when Romania is the second state member. " 84. In Article 58 (1) (a), point (i) shall be amended and shall read as follows: "(i) are enrolled in studies at a state or private educational institution, accredited or provisionally authorized according to the law, the form of day education, including for participation in doctoral courses;". 85. In Article 58, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) Foreigners who have not completed their studies during the period initially granted may be approved the subsequent extension of the right of residence, for the purpose of completing their studies, for a maximum period of one year." 86. In Article 60, paragraph 2 shall be amended and shall read as follows: "" (2) Employment shall be made only on the basis of a work authorization issued under the conditions laid down by Government Emergency Ordinance no. 56/2007 on the employment and posting of foreigners on the territory of Romania, approved with amendments and completions by Law no. 134/2008 .. " 87. Article 62 (3), point d) shall be amended and shall read as follows: " d) for the first-degree relatives in ascending line of the Romanian citizen or his/her spouse, if they present documents showing the existence of the kinship. If the foreigner is a parent of a minor Romanian citizen, he must prove that the minor is in his maintenance or that there is an obligation to pay the maintenance pension, an obligation that the foreigner meets with regularity. " 88. In Article 62, after paragraph 3, two new paragraphs are inserted, paragraphs 3 ^ 1 and 3 ^ 2, with the following contents: "" (3 ^ 1) If after 18 months of legal residence in the first Member State as the EU Blue Card holder the foreigner moves to Romania in order to fill a highly qualified job, his family members who request the reunification may be extend the right of residence according to the provisions (1), with the obligation to present and the residence permit issued by the first Member State. (3 ^ 2) Foreigners family members of Romanian citizens who have been registered with the right of residence in another Member State in this capacity may be extended the right of residence if: a) prove that they were registered with the right of residence in another Member State as a family member of the Romanian citizen residing or residing in Romania; b) when submitting the application, submit the following documents: ((i) valid passport; (ii) the marriage certificate or, as the case may be, proof of the existence of the kinship, the registered partnership or the relationship of cohabitation; (iii) documents stating that they were registered with the right of residence in another Member State, as a family member of the Romanian citizen; (iv) the identity card of the Romanian citizen whose family member is the foreigner. " 89. In Article 62, paragraph 4 shall be amended and shall read as follows: " (4) The extension of the right of residence is not granted when it is found: a) the existence of a state of bigamy or polygamy; b) that the 2 spouses no longer have together a marital relationship or an effective family relationship, on the territory of Romania. " 90. In Article 62, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: "(5 ^ 1) The family member of the Romanian citizen residing abroad is extended the right of temporary residence for a period that does not exceed the period of validity of the provisional identity card of the Romanian citizen." 91. In Article 62, paragraph 6 shall be amended and shall read as follows: " (6) Extension of the right of temporary residence for foreigners referred to in par. ((3) and (3 ^ 2) shall be made with exemption from the payment of consular fees. " 92. Article 63 (2), letter f) shall be amended and shall read as follows: "f) spouses are inconsistent or there are inconsistencies in the declaration of personal data, the circumstances in which they have known or other relevant information about them;". 93. Article 64 is amended and shall read as follows: "" ARTICLE 64 Right of temporary residence granted to family members independently (. The right of temporary residence shall be granted independently, upon request, to the foreigner who fulfils the following conditions: a) is the holder of a temporary residence permit granted for the purpose of family reunification; b) had the right of temporary residence for the purpose of family reunification in the last 5 years prior to the application. In the case of family members of EU Blue Card holders, the 5-year period can be calculated by cumulating their periods of stay in different Member States. (2) The stranger is exempted, on request, from the fulfilment of the condition provided in par. ((1) lit. b) in the following situations: a) the dissolution of the marriage was pronounced; b) ceased the partnership relationship; c) the Romanian sponsor/citizen has died; d) has become a major or has reached the age of 21, in a situation where he is a family member of a Romanian citizen. (3) In order to grant the right of residence, the applicant shall additionally submit, as the case may be, the court decision to open the marriage, the notary declaration on the sole responsibility of termination of the partnership, the death certificate or birth certificate. (4) The right of residence provided in par. ((1) is extended for a period of up to 6 months, a term that flows from the date of application. For foreigners in one of the situations referred to in par. ((2), the term flows from the date on which it intervened. (5) The subsequent extensions of the right of residence shall be granted under the conditions and for the purposes provided for in this emergency ordinance, without the need to leave the territory of Romania. " 94. Article 66 is amended and shall read as follows: "" ARTICLE 66 Extension of temporary residence for religious activities (1) Foreigners entering Romania on the basis of a long-stay visa for carrying out religious activities may request the extension of the right of temporary residence for this purpose, if they present the opinion of the State Secretariat for Religious Affairs. (2) The stranger who requests the extension of the right of residence for religious activities must not prove the means of maintenance. ((. The right of residence for that purpose shall be extended for a period equal to the duration of the opinion. " 95. Article 69 (1), (a) and (b) shall be repealed. 96. Article 69 (1) (e) and (3) shall be amended and shall read as follows: " e) foreigners who entered the territory of Romania for the purpose of unremunerated vocational training within an accredited professional training provider or within a public or private sector authorized under the law carry out such activities-with the presentation of the training contract for non-remunerated participation in a form of professional training; ...................................................................... (3) Upon granting or extending the right of temporary residence, the foreigners referred to in par. ((1) lit. c), e), f) and g) must provide proof of means of maintenance, at least at the level of the average net salary on the economy, and those provided in par. ((1) lit. d), in the amount of at least 500 euros monthly from the activity carried out as administrator. " 97. In Article 70, paragraph 1 shall be amended and shall read as follows: "(1) The long-term right of residence shall be granted, upon request, under the conditions of this emergency ordinance, for an indefinite period, to foreigners who are holders of a right of residence, from the date of the request including until its resolution." 98. Article 70 (2), point d) shall be amended and shall read as follows: "d) holders of the right of residence conferred by the short-stay visa, diplomatic or service visa." 99. In Article 70 (3), after letter d) two new letters, letters e) and f) are inserted, with the following contents: "" e) on request or on the acquisition of Romanian citizenship; f) in case of absence from the territory of the Member States of the European Union, of the European Economic Area or of the Swiss Confederation, for a period of more than 2 consecutive years, of the long-term resident, holder of a residence permit on the term "Former EU Blue Card holder", or of its family members to whom the long-term resident status has been granted. " 100. In Article 70, paragraph 4 is amended and shall read as follows: " (4) If, upon termination of the long-term right of residence in the cases provided in par. ((3) lit. b)-d), the foreigner is found on the territory of Romania, within 30 days from the date of communication, he may request the issuance of a temporary residence permit for the purposes and under the conditions provided for in this emergency ordinance. " 101. In Article 70, a new paragraph (6) is inserted after paragraph 5, with the following contents: " (6) The long-term residence right of a former EU Blue Card holder shall not cease if the foreigner can prove that he has been absent from the territory of the Member States of the European Union, of the European Economic Area or of To the Swiss Confederation, in order to pursue an economic activity as a paid employee or self-employed person, to pursue a voluntary activity or to study in the country of origin. ' 102. In Article 71 (1), point a) is amended and shall read as follows: "" a) have had a right of continuous residence on the territory of Romania in the last 5 years prior to the application, as follows: (i) during this period have not been absent from the territory of Romania for more than 6 consecutive months and do not exceed 10 months of absence in total; (ii) no measure of removal from the national territory has been ordered against the foreigner during this period; ((iii) during the establishment of this period, half of the period of stay for study purposes shall be taken into account; ((iv) the right of residence conferred by the short-stay visa, the diplomatic or service visa and the right of residence obtained for carrying out activities as a seasonal worker shall not be taken into account in the establishment of this period; (v) this period can be reduced to 4 years, in the case of persons who have been recognized refugee status or have been granted subsidiary protection in Romania, depending on the degree of integration in society, under the conditions provided by Government Ordinance no. 44/2004 on the social integration of foreigners who have acquired a form of protection or a right of residence in Romania, as well as citizens of the Member States of the European Union and the European Economic Area, approved with amendments by Law no. 185/2004 , with subsequent amendments and completions; (vi) this period is reduced by half, in the case of persons who have been recognized refugee status or have been granted subsidiary protection in Romania, married for at least 5 years with a Romanian citizen. " 103. In Article 71, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) The long-term right of residence is granted to EU Blue Card holders who have had a continuous right of residence in the territory of the Member States of the European Union, of the European Economic Area or of the Swiss Confederation, in the last 5 years prior to the application, as holder of the EU Blue Card, from which the right of residence continues in the last 2 years before the date of filing of the application in question, as holder of the EU Blue Card, on the territory of Romania, if cumulatively meet the following conditions: a) during this period they have not been absent from the territory of the Member States of the European Union, of the European Economic Area or of the Swiss Confederation for more than 12 consecutive months and do not exceed 18 months of absence in total; b) during this period, no move was ordered against the foreigner from the territory of the Member States of the European Union, the European Economic Area or the Swiss Confederation; c) provide proof of holding the means of maintenance at the level of the minimum gross salary guaranteed in payment, except for foreigners family members of Romanian citizens; d) provide proof of insurance in the health insurance system; e) prove the legal possession of the living space, under the law; f) know the Romanian language at least at a satisfactory level; g) no danger to public order and national security. " 104. In Article 77 (3), after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: " a ^ 1) it is found that, after granting the right of temporary residence, the foreigner married to a Romanian citizen had an absence from the territory of Romania for more than 6 months within one year, with the following exceptions: (i) absence from the territory of Romania for the satisfaction of compulsory military service, regardless of period; (ii) the absence from the territory of Romania motivated by the state of gravity and birth; (iii) absent from the territory of Romania due to a serious illness; (iv) the absence on the territory of Romania as a consequence of an exceptional circumstance which has made it impossible to return voluntarily. " 105. In Article 77 (3), points b) and c) are amended and shall read as follows: " b) it is noted that the foreigner passed or attempted to cross the state border illegally or violated the regulations relating to the employment of foreigners; c) it is found that the foreigner suffers from a disease that endangers public health and does not comply with the medical treatment measures established by the competent authorities. If the disease has subsequently occurred to obtain the temporary residence permit, the revocation will be ordered if the foreigner does not comply with the medical treatment measures established by the competent authorities, and the disease is likely to prevent the foreigner meet the obligations imposed in its charge by the provisions of this Emergency Ordinance; '. 106. In Article 77 (3), two new letters, points d) and e) are inserted after point c), with the following contents: " d) the holder of an EU Blue Card shall seek social assistance, provided that the foreigner is informed in writing of this in advance; e) it is noted that the owner of an EU Blue Card does not have sufficient resources for his or her family's maintenance at the level of the guaranteed minimum wage in payment. " 107. In Article 77, a new paragraph (4) is inserted after paragraph 3, with the following contents: "" (4) Unemployment shall not constitute a reason for the revocation of an EU Blue Card, unless the period of unemployment exceeds 3 consecutive months or where unemployment occurs several times during the period of validity of the EU Blue Card. " 108. In Article 78, point b) is amended and shall read as follows: "b) by the Romanian Border Police, the foreigner who presents himself at the border in order to enter Romania, by handing over the decision of cancellation or revocation issued by the Romanian Immigration Office." 109. In Article 79, paragraph 1 is amended and shall read as follows: "(1) The Romanian state ensures the conditions for the integration of foreigners who have been granted a right of residence in Romania, in the economic, social and cultural life of the country, as well as their access to the education system." 110. In Article 81, paragraph 1 is amended and shall read as follows: "(1) Against illegal aliens and former asylum seekers, the Romanian Immigration Office may order the measure of return from the territory of Romania." 111. In Article 81, after paragraph 2, three new paragraphs are inserted, paragraphs 3 to 5, with the following contents: "" (3) The stranger whose stay on the territory of Romania is illegal, but who benefits from a right of residence in the territory of another Schengen state, except for foreigners who have been declared undesirable or against whom the measure was ordered expulsion, will be informed, in writing, to leave within 3 days the territory of Romania. If he does not leave the territory of Romania, against him, measures will be ordered according to par. ((1). (4) In the case of foreigners whose stay is illegal on the territory of Romania, but which is in a procedure for extending the right of temporary residence or granting the right of residence in the long term, the Romanian Immigration Office may decide, depending on the specific circumstances of each case, the postponement of the return decision until the procedure is completed. (5) If the date of entry into the territory of Romania cannot be established on the basis of the terms of the foreign travel document, the Romanian Immigration Office or the General Inspectorate of the Border Police shall proceed according to Art. 11 11 of the Schengen Borders Code. " 112. In Article 82, paragraph 2 is amended and shall read as follows: "(2) The return decision shall be drawn up in two copies, each in Romanian and in an international language, and shall contain the factual and legal reasons, as well as information on possible remedies." 113. In Article 82, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) The Romanian Immigration Office shall provide, at the request of the foreigner, a written or oral translation of the main elements of the return decision, including information on possible remedies, in the language it understands or which he is reasonably supposed to understand. (2 ^ 2) Provisions of para. (2 ^ 1) are not applicable to foreigners who have illegally crossed the state border of Romania or another Member State of the European Union, of the European Economic Area or of the Swiss Confederation. In this case, with the decision of return under escort is also communicated a sheet, written in 5 languages of the most often used or understood by foreigners on the territory of Romania, containing information to explain the main elements of the standard form of the return decision. ' 114. In Article 82 (3) (a), points (i) and (iii) are amended and shall read as follows: " (i) the foreigner who was found without a right of residence; ................................................................... (iii) former asylum seekers, for whom the asylum procedure has been completed or who have given up on it; '. 115. In Article 82 (3), point b) is amended and shall read as follows: " b) within 30 days, for: ((i) the foreigner who requests the issue of a return decision before being detected without the right of residence; (ii) the foreigner to whom the right of temporary residence has been cancelled or revoked or has been refused the extension of that right; (iii) the foreigner who has been cancelled or revoked the right of temporary residence for the conduct of commercial activities or has been refused the extension of this right, as well as his family members who have benefited from a right of residence for family reunification; (iv) the foreigner to whom the long-term right of stay has ceased and who has not requested the extension of the right of residence according to 70 70 para. ((4). ' 116. In Article 82 (3), point c) is repealed. 117. In Article 82, a new paragraph (3 ^ 1) is inserted after paragraph 3, with the following contents: " (3 ^ 1) In duly justified situations, taking into account the specific circumstances of each individual case, such as the duration of the legal stay, the existence of children attending school and the existence of other family ties, the term granted according to par. ((3) may be extended, upon request, by up to 30 days. The extension shall be communicated in writing to the foreigner. " 118. In Article 82, paragraphs 4 and 5 shall be amended and shall read as follows: " (4) The terms provided in par. (3) flow from the date on which the return decision was communicated to the foreigner, under the conditions of this emergency ordinance. (5) Foreigners who passed or who tried to cross the Romanian state border illegally, who entered the country during the previously ordered period of prohibition, as well as those with illegal stay whose identity could not be established are issued return decision under escort, which will be accompanied by taking into public custody, under the conditions provided in art. 97 97. " 119. Article 84 (3) is amended and shall read as follows: " (3) Appeals provided in par. (1) and (2) suspend the execution of the removal measure, except in the cases provided for in art. 82 82 para. ((3) lit. b) section ((i), in which the appeal does not suspend the execution of the removal measure. " 120. In Article 87 (1), point (b) is amended and shall read as follows: "" b) who have passed or who have attempted to cross the state border illegally; '. 121. In Article 87 (1), two new letters, letters e) and f) are inserted after point d), with the following contents: "" e) who entered Romania during the period of prohibition previously ordered; f) which presents a risk of absconding from the removal procedure, as defined by this Emergency Ordinance. " 122. In Article 87, a new paragraph (3) is inserted after paragraph 2, with the following contents: " (3) Within the procedure of removal under escort the Romanian authorities shall analyze the situation of the foreigner to ensure that he is not in one of the cases provided for in art. 92 92 para. ((1) or in art. 92 ^ 1 para. (1), but also that he is not a vulnerable person. The removal under escort of vulnerable persons shall be carried out with the consideration of their special needs. " 123. In Article 88, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) During removal under escort, force may be used only in cases where it is necessary for the protection of the life or physical integrity of the personnel of the escort, of the stranger or of other persons, in order to prevent the occurrence of of material damage or for meeting the objective of removal under escort. The measures shall be applied in compliance with the foreign dignity, gradually and in proportion to the state of danger to be removed. " 124. In Article 88, paragraph 7 is amended and shall read as follows: " (7) When there are strong indications that removal under escort cannot be carried out within 24 hours, following the analysis of each individual case, the foreigner may be taken into public custody or may be granted the tolerance of remaining on the territory. Romania. " 125. In Article 89, paragraph 1 is amended and shall read as follows: " (1) Foreigners referred to in art. 87 may be removed under escort and on the basis of readmission agreements concluded by the European Union or Romania with third States, only in so far as their provisions are more favourable to them than the provisions of this emergency ordinance. " 126. In Article 90, paragraph 3 is amended and shall read as follows: " (3) During the implementation of the removal measures, the escorts shall not be armed and shall bear the civil attire. They are obliged to comply with the legislation of the transit state, to use force, in compliance with the provisions of 88 88 para. ((1 ^ 1), only where the representatives of the state of transit are not present or it is necessary to provide support to them. " 127. In Article 91, a new paragraph (6) is inserted after paragraph 5, with the following contents: "" (6) At the request of national, international and non-governmental organisations and bodies responsible for migration, the Romanian Immigration Office shall provide information on the organisation of joint flights with the Member States of the Union. European, in order to remove foreigners, ensuring the possibility for their representatives to supervise how these flights take place. " 128. Article 92 is amended and shall read as follows: "" ARTICLE 92 Prohibition of removal (1) The removal of the alien is prohibited in the following cases: a) the foreigner is a minor and his parents have the right to stay in Romania; b) the foreigner is a parent of a minor who has Romanian citizenship, if the minor is dependent on him or if there is an obligation to pay the food pension, an obligation that the foreigner meets regularly; c) the foreigner is married to a Romanian citizen, except for the following situations: ((i) where the existence of a marriage of convenience is found; (ii) when it is found that the spouses no longer have a marital relationship or an effective family relationship on the territory of Romania; d) the foreigner is married to another foreign national who has a long-term right of residence on the territory of Romania, and the marriage is not of convenience; e) the foreigner has exceeded the age of 80; f) there are justified fears that his life is endangered or that he will be subjected to torture, inhuman or degrading treatment in the state where he is to be sent. (2) Persons referred to in par. (1) may be granted or, as the case may be, extend the right of residence in Romania by the Romanian Immigration Office, for one of the purposes and under the conditions provided for in the head. IV, without the need to obtain a long-stay visa in advance. (3) Foreigners who constitute a danger to public order, national security or suffering from a disease that threatens public health and refuse to comply with the measures established by the medical authorities, except those in the situation referred to in paragraph ((1) lit. f), the provisions of par. ((1) and (2). ' 129. After Article 92, a new article is inserted, Article 92 ^ 1, with the following contents: " ARTICLE 92 ^ 1 Suspension of removal ((. The execution of removal measures shall be suspended if the foreigner: a) is the parent of a minor who attends the courses of a state or private educational institution, accredited or provisionally authorized according to the law, until the completion of the school year; b) is married to a foreign national who has the permission to remain on the territory of Romania, granted under the conditions of this emergency ordinance or by the courts, and the marriage is not of convenience, until the date on which ceases permission to remain on Romanian territory; c) is in one of the situations provided in art. 15 15 para. ((1), until the date on which the reasons for not allowing the exit from Romania cease; d) has a state of health that makes it impossible to implement the removal measure, until its improvement. (2) Persons referred to in par. (1) may be granted the tolerance of remaining on the territory of Romania. (3) The stranger will be informed in writing about the suspension of removal and the granting of tolerance on the territory of Romania. (4) I am an exception to the provisions of para. ((1) foreigners who constitute a danger to public order, national security or suffering from a disease that threatens public health and refuse to comply with the measures established by the medical authorities. " 130. In Article 94, paragraphs 3 and 5 shall be repealed. 131. In Article 96, a new paragraph (10) is inserted after paragraph 9, with the following contents: "" (10) In the case of removal decisions which are subject to paragraph 1. ((1), the foreigner may challenge the measure related to the execution of removal in accordance with the provisions of this emergency ordinance. " 132. Article 97 is amended and shall read as follows: "" ARTICLE 97 Taking into public custody of foreigners (1) The taking into public custody is a measure to temporarily restrict the freedom of movement on the territory of Romania, ordered by the magistrate against the foreigner who could not be removed under escort within the period provided by law, in one of the the following: a) there is a risk of absconding from the removal procedure; b) the foreigner did not comply with the voluntary return deadline granted by the return decision; c) the foreigner was declared an undesirable person on the territory of Romania; d) the foreigner avoids or prevents the preparation of the return or the removal process; e) the foreigner is subject to the measure of safety of expulsion ordered by the court. (2) The measure of taking into public custody is ordered by the designated prosecutor of the Prosecutor's Office of the Bucharest Court of Appeal, for a period of 30 days, at the request of the Romanian Immigration Office, in order to fulfill all Necessary steps to remove under escort. (3) The measure may also be ordered by the court with the ruling by which the foreigner is declared undesirable or is ordered to expel him. In this case, taking into public custody is ordered until removal from the territory of Romania, but not more than 18 months. (4) Extension of the duration of taking into public custody provided in par. (2) for foreigners who could not be removed from the territory of Romania within 30 days shall be ordered by the court of appeal in whose area of territorial competence is the place of accommodation, at the reasoned request of the Romanian Office for Immigration. The court must rule before the expiry of the term of taking into public custody previously ordered, and the court's ruling is irrevocable. (5) The period of public custody of foreigners against whom the measure of return was ordered shall not exceed 6 months. (6) The period provided in par. (5) may be extended exceptionally, under the conditions provided in par. ((4), for an additional period not exceeding 12 months, in cases where the Romanian Immigration Office was unable to carry out the removal of the foreigner due to: a) its actions which impede the removal process; b) delays in obtaining the documentation necessary for removal from third countries. (7) If, after taking into public custody of a foreigner, the existence of one of the cases provided for in art. 92 92 para. ((1) or in art. 92 ^ 1 para. ((1) or it shall first make an application for the granting of a form of protection, the measure of taking into public custody shall cease from law. When making an application for access to a new asylum procedure, the measure taken into public custody shall cease at the time of granting access to the new procedure. (8) I am an exception to the provisions of para. (7) situations in which, for reasons of national security or public order, it is necessary to remove foreigners from the territory of Romania or to keep the foreigner in public custody until the procedure for granting a form of protection. (9) The foreigners against whom the taking into public custody was ordered, under the conditions provided in par. ((2), may submit, within 5 days, a complaint to the court of appeal in whose area of territorial competence is the place of accommodation, which is obliged to settle it within 3 days from the date of receipt. The complaint does not suspend the removal procedure. (10) Foreigners taken into public custody as well as those removed under escort within 24 hours are fingerprinted and photographed. (11) If the Romanian Office for Immigration, ex officio or at the request of the foreigner, finds that there is no longer the possibility of removing the foreigner during the period for which the measure of public custody was established, it has an end the measure taken into public custody and the granting of tolerance. The decision to reject the foreign application can be challenged within 5 days at the court of appeal in whose area of territorial competence is the place of accommodation, which is obliged to settle it within 3 days from the date of receipt. The court's ruling is final and irrevocable. (12) The Romanian Immigration Office considers the opportunity to maintain the measure of taking into public custody, at intervals of maximum 3 months. For families with minors taken into public custody, the analysis shall be carried out at intervals of not more than one month. ' 133. After Article 97, a new article is inserted, Article 97 ^ 1, with the following contents: "" ARTICLE 97 ^ 1 Arrangement of derogatory measures in exceptional circumstances (1) In situations where an exceptionally high number of foreigners must be returned, a case which is an unforeseen and difficult task for the reception capacity of the accommodation centres or for its own staff, the Romanian Immigration Office may it has and applies derogatory measures from the provisions of art. 98 98 para. ((1) and (2) and art. 101 101 para. ((3), as long as the exceptional situation lasts. (2) During the application of the derogatory measures provided in par. (1), the deadlines set out in art. 97 97 para. ((9) may be exceeded by a maximum of 30 days. (3) The Romanian Immigration Office informs the European Commission of the measures ordered according to par. ((1), as well as the cessation of their application. " 134. In Article 98, paragraph 3 is amended and shall read as follows: "(3) The centers shall be organized and operated on the basis of the regulation approved by the head of the Romanian Immigration Office." 135. In Article 98, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) National, international and non-governmental organizations and bodies with tasks in the field of migration, authorized and accredited under the law, are provided with the possibility to visit the centers, based on the protocols concluded with The Romanian Immigration Office or a prior authorization. In exceptional and thoroughly motivated situations you can ensure the possibility to visit the centers within 48 hours. " 136. In Article 99, paragraph 7 is amended and shall read as follows: "" (7) Minors introduced into centers accompanying at least one of the parents or the legal representative, taken into public custody, have free access to the compulsory education system. " 137. In Article 99, after paragraph 7, a new paragraph (8) is inserted, with the following contents: "(8) Vulnerable persons staying in the centres shall be entitled to medical care and treatment appropriate to the special situations in which they are located." 138. In Article 101, paragraph 2 is amended and shall read as follows: "(2) Throughout the period as long as foreigners are in public custody, the movement outside the centers will be carried out under escort." 139. In Article 101, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (3) Families taken into public custody will be accommodated separately, providing them with an appropriate level of privacy. " 140. In Article 102, paragraph 1 is amended and shall read as follows: "" (1) The tolerance of remaining on the territory of Romania, hereinafter referred to as toleration, is the permission to remain on the territory of the country granted by the Romanian Immigration Office to foreigners who do not have the right to stay and, for objective reasons, do not leave the territory of Romania, materialized by issuing a document to be tolerated. " 141. Article 103 is amended and shall read as follows: "" ARTICLE 103 Toleration situations on the territory of Romania (1) Foreigners referred to in art. 102 102 para. (1) may be tolerated in the following situations: a) when they are in the situations referred to in art. 15 15 para. ((1) and do not meet the conditions provided by law for granting a residence permit; b) when the measure of public custody ordered against them has ceased; c) when the temporary presence on the territory of Romania is required by important public interests. In this case, toleration shall be granted at the request of public authorities or institutions; d) where they are in a situation of prohibition of removal and may not be granted or extend the right of residence; e) when there are serious reasons to consider that they are victims of trafficking in human beings. In this case, the toleration shall be granted at the request of the prosecutor or the court; f) when the suspension of the execution of the removal measure from the territory of Romania was ordered; g) when removal under escort cannot be executed within 24 hours, but there are strong indications that it is not necessary for them to be taken into public custody; h) when the Romanian Immigration Office finds that they are temporarily unable to leave Romania for other objective reasons. (2) If foreigners who meet the conditions provided in par. ((1) are subject to alerts entered in the Schengen Information System by another Schengen State for the purpose of refusing entry, toleration may be granted only for justified reasons, in particular on humanitarian grounds or due to obligations international and only after consulting the Schengen State which introduced the alert, in accordance with the procedure laid down in the Sirene Manual. ' 142. In Article 104, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) Toleration ceases in the following situations: a) by granting or extending a right of residence under the conditions of this emergency ordinance; b) in case of granting permission to remain on the territory of Romania, according to Law no. 122/2006 on asylum in Romania, with subsequent amendments and completions; c) when leaving the territory of Romania by the foreigner. " 143. In Article 104, paragraph 2 is amended and shall read as follows: " (2) Toleration does not cancel the obligation of foreigners to leave the territory of the Romanian state upon termination of the reasons for which it was granted, except those in one of the situations provided in par. ((1 ^ 1) lit. a) and b). " 144. Article 104 (3) shall be repealed. 145. In Article 104, paragraphs 4 and 5 shall be amended and shall read as follows: " (4) Upon termination of the reasons behind the granting of toleration, the foreigner who is not in one of the situations provided in par. ((1 ^ 1) lit. a) and b) will be removed immediately from the territory of Romania, under the conditions of this emergency ordinance. (5) In the case of persons provided in art. 103 103 para. ((1) lit. e), the prosecutor, by order, or, as the case may be, the court, by conclusion, may order the extension of the tolerance if their presence is necessary for the proper conduct of the criminal In this case the toleration is extended successively, under the conditions provided in par. ((1), until the end of the criminal proceedings. " 146. In Article 104, after paragraph 5, two new paragraphs are inserted, paragraphs 5 ^ 1 and 5 ^ 2, with the following contents: " (5 ^ 1) While they were granted the tolerance of remaining on the territory of Romania, foreigners have access to the labor market, under the conditions provided by law for Romanian citizens. ((5 ^ 2) The right to work granted to foreigners who have been granted the tolerance of remaining on the territory of Romania ceases by law in all situations where toleration ceases. " 147. In Article 104, paragraphs 6 and 9 are amended and shall read as follows: " (6) The stranger is obliged to present himself periodically, at a period of 60 days or whenever he is called, to the territorial formation of the Romanian Immigration Office that granted him the tolerance and to announce any change of residence. ........................................................... (9) In the case of foreigners referred to in art. 103 103 para. ((1) lit. b), if the reasons for which they could not be removed from the territory of Romania during the previous public custody period have disappeared, they can be taken again into public custody, under the conditions of art. 97 97 para. (2), in order to remove from the territory of Romania. " 148. In Article 105, paragraphs 2, 4 and 6 shall be amended and shall read as follows: " (2) The measure provided in par. (1) may be ordered by the Romanian Immigration Office or by the General Inspectorate of the Border Police, under the law, and in a situation where the foreigner has not been the subject of a removal measure or against the foreigners referred to in art. 8 8 para. ((1) lit. b)-d) and art. 8 8 para. ((2) lit. a)-b ^ 1). ............................................................ (4) The establishment of the measure of prohibition of entry into Romania shall be communicated to foreigners, in writing, by the body that took the measure and contains the reasoning in fact and in law, as well as the information on possible remedies. ............................................................ (6) All cases in which the prohibition of entry into Romania was ordered will be introduced into the National System of Foreign Records by the Ministry of Administration and Interior, through the Romanian Immigration Office. " 149. In Article 106, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: "" (2 ^ 1) In the case of foreigners who have been revoked or cancelled a visa or the right to stay for non-compliance with the purpose declared before the authorities, the duration of the ban will be 6 months. ((2 ^ 2) In the case of foreigners who have applied for or obtained a visa or a right of temporary residence or a long-term right of residence by using false information, false documents or falsified or by other illegal means, the duration of the prohibition will be 2 years old. " 150. In Article 106, a new paragraph (3 ^ 1) is inserted after paragraph 3, with the following contents: "(3 ^ 1) Against foreigners who entered Romania during the ban period the duration of the ban will be the previous one, but not less than 5 years." 151. In Article 106 (5), point b) is amended and shall read as follows: " b) 5 years-for foreigners referred to in art. 8 8 para. ((2) lit. a)-b ^ 1). " 152. In Article 106, a new paragraph (6) is inserted after paragraph 5, with the following contents: "(6) In duly justified cases, at the request of foreigners who prove that they have left the territory of Romania in full compliance with the return decision, the Romanian Immigration Office may withdraw or suspend the entry ban in Romania." 153. In Article 107 (1), a new letter (b ^ 1) is inserted after point b), with the following contents: " b ^ 1) The EU Blue Card of the foreigner, holder of a valid work permit for highly qualified workers, who was granted or, where appropriate, extended the right of temporary residence and employment; '. 154. In Article 107 (1), point c) is amended and shall read as follows: "c) long-term residence permit to the foreigner who has been granted the right to stay in the long term." 155. Article 107 (2) is amended and shall read as follows: "(2) The provisions relating to the temporary residence permit shall also apply accordingly to the EU's work and blue card residence permit." 156. In Article 110, paragraph 1 is amended and shall read as follows: " (1) The long-term residence permit shall be issued on the basis of obtaining the right of residence in the long term: a) foreigners family members of Romanian citizens, for a period of 10 years, and renews successively for the same period; b) the other categories of foreigners, for a period of 5 years, and shall be successively renewed for the same period. " 157. In Article 110, a new paragraph (2 ^ 1) is inserted after paragraph 2, with the following contents: " (2 ^ 1) In the long-term residence permits issued to holders of a long-term right of residence, obtained as a result of holding an EU Blue Card, the entry 'Former EU Blue Card holder' is entered. ' 158. Section 2 "Residence cards for foreigners family members of Romanian citizens" of Chapter VI, comprising Articles 114-117, shall be repealed. 159. After section 2 a new section is inserted, section 2 ^ 1-a, comprising Article 117 ^ 1, with the following contents: " SECTION 2 ^ 1-a Documents that are issued to foreigners tolerated on the territory of Romania + Article 117 ^ 1 Toleration document regime (1) The stranger to whom the tolerance was granted shall be issued a document certifying the existence of the permission to remain on the territory of Romania, the period for which it benefits from it and which provides proof of its address of residence on the territory Romania. (2) During the period of validity of the document, its holder has access to the labor market under the same conditions as Romanian citizens. (3) The toleration document has limited validity to the period for which it was granted permission to remain on the territory of Romania and is renewed each time on the occasion of the extension of this permission. (4) The holder of the tolerated document has the obligation to have the document at all times, not to instruct him and to present it to the competent authorities whenever requested. (5) The holder of the tolerated document is obliged to notify the Romanian Immigration Office about the theft, loss, damage or destruction thereof, no later than 5 days after the finding of any of these situations. (6) The Strain shall be issued by the territorial party of the Romanian Office for Immigration Competent a new document to be tolerated in place of the declared stolen, lost, damaged or destroyed. (7) The form and content of the document to be tolerated shall be determined by Government decision. " 160. Chapter VII "Processing and protection of personal data of foreigners", comprising Articles 126 and 127, is hereby repealed. 161. After Article 128, a new article is inserted, Article 128 ^ 1, with the following contents: "" ARTICLE 128 ^ 1 Readmission of EU Blue Card holders The owner of the EU Blue Card who was rejected his request for a move to the second member state will be immediately readmitted, without formalities, on the territory of Romania. Readmission will be accepted immediately, without formalities, and for its family members. " 162. The title of Article 130 is amended and shall read as follows: "" ARTICLE 130 Granting of the right of temporary residence for foreigners victims of human trafficking, of trafficking in migrants, of the crime provided in art. 141, of the crimes provided in art. 264 264 para. ((3) or at art. 265 265 of Law no. 53/2003 --Labour Code " 163. In Article 130, the introductory part of paragraph 1 shall be amended and shall read as follows: " (1) Foreigners victims of human trafficking, of trafficking in migrants, of the crime provided in art. 141, of the crimes provided in art. 264 264 para. ((3) or at art. 265 265 of Law no. 53/2003 -The Labor Code, republished, can be granted a temporary residence permit even if they entered Romania illegally, at the request of the prosecutor or the court, under the following conditions: ". 164. In Article 130, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) If the persons referred to in par. (1) has not been granted a right of residence on the territory of Romania, they cannot be subject to an entry ban on the territory of Romania unless they pose a threat to public order or national security or have not complied with return decision. " 165. Article 131 (1), letter e) is amended and shall read as follows: " e) the removal of an unaccompanied minor may be made, following a prior assessment by the competent authorities, only if the minor is sent to the parents, when they have been identified and do not reside on the territory of Romania, to the members the family, with their consent, to the designated guardian or to appropriate reception centres in the return state; '. 166. In Article 134, point 11 is amended and shall read as follows: " 11. non-compliance with the obligation to the foreigner regarding the residence permit, provided in art. 108 108 para. (2), on the document to be tolerated, provided for in art. 117 ^ 1 para. ((4), or non-submission of travel documents, in the case of foreigners in Romania on the basis of a visa or under international conventions or normative acts abolishing the visa regime unilaterally; ". 167. In Article 134, point 13 is amended and shall read as follows: "" 13. non-compliance with the term of declaration of theft, loss, damage or destruction of the residence permit, provided in art. 112 112 para. ((1), respectively of the tolerated document, provided for in art. 117 ^ 1 para. ((5); '. 168. In Article 135, point d) is amended and shall read as follows: " d) with a fine of 8,000 lei to 15,000 lei, the one provided for in item 1 1, calculated for each transported foreigner; '. 169. In Article 143, letter b) is amended and shall read as follows: " b) to legitimize them, to detect them, to take them from the premises of other authorities and to lead them to the headquarters of territorial formations on foreigners who violate the legal provisions on the regime of foreigners in Romania or those whose identity is not can be established, verify and take legal measures, no more than 24 hours after detection; ". 170. In Article 144, paragraph 1 is amended and shall read as follows: " (1) The expenses occasioned by the removal from the territory of Romania of foreigners who have financial means shall be borne by them, provided that, after the payment of these expenses, they remain an amount equivalent to a minimum of 50 euros, necessary to cover own expenditure during removal. '; 171. After Article 144 a new article is inserted, Article 144 ^ 1, with the following contents: "" ARTICLE 144 ^ 1 Award of personal numerical code (1) To each foreigner who has been extended the right of temporary stay or has been granted the long-term right of stay, shall be assigned by the Romanian Immigration Office a personal numerical code, which shall be entered in the residence permit. (2) At the justified request of interested public institutions, the Romanian Immigration Office may assign a personal numerical code to foreigners who do not benefit from a right of residence on the territory of Romania, obtained under the conditions of this emergency orders, for the exercise of certain legal rights and obligations and only with their express consent. (3) In justified cases, the Romanian Immigration Office may assign a personal numerical code to foreigners who have been granted the toleration, at their request, which shall be entered on the document to be tolerated. " 172. Throughout the emergency ordinance, the phrase "permanent residence permit" is replaced by the phrase "long-term residence permit", the phrase "right of permanent residence" is replaced by the phrase "long-term residence right" and the phrase "" travel title 'is replaced by the phrase' travel title for foreigners '. + Article II (1) The residence cards for foreigners family members and permanent residence cards for foreigners family members, issued under art. 114 of Government Emergency Ordinance no. 194/2002 , republished, with subsequent additions, until the date of entry into force of this law, remain valid until the deadline for which they were issued. ((2) The right of residence established by long-stay visas for humanitarian activities or, as the case may be, by residence permits granted pursuant to art. 47 47, respectively art. 66 66 para. ((1) lit. a) of Government Emergency Ordinance no. 194/2002 , republished, with subsequent additions, until the date of entry into force of this law, remains valid until expiration. For the extension of the right of residence granted under these provisions, the legal provisions on the extension of the right of temporary residence of foreigners who carry out activities in voluntary programs shall apply. + Article III From the date of application in full by Romania of the provisions of the Schengen acquis, pursuant to the Council Decision issued to that effect, Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent additions, is amended and supplemented as follows: 1. In Article 2, after letter g ^ 1) a new letter, letter g ^ 2) is inserted, with the following contents: " g ^ 2) short stay visa-uniform visa as defined in art. 2 2 section 3 of the Visa Code, and visa with limited territorial validity, as defined in art. 2 2 section 4 4 of the Visa Code; ". 2. In Article 2, letter h) is amended and shall read as follows: " h) airport transit visa-has the meaning set out in art. 2 2 section 5 5 of the Visa Code; ". 2 ^ 1 In Article 6, paragraph 3 is amended and shall read as follows: " (3) Foreigners who are stationed in the international transit zones of airports, in transit zones at the state border or in accommodation centers that have the transit zone regime, as well as foreigners who do not disembark from the ships or boats anchored in seaports and rivers shall not be subject to the provisions of this emergency ordinance on the conditions of entry and residence of foreigners on the territory of Romania. " ----------- Item 2 ^ 1 of art. III was introduced by section III. 1 1 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 3. Article 11 is amended and shall read as follows: "" ARTICLE 11 General provisions on residence of foreigners (1) Foreigners temporarily legally in Romania may remain on the territory of the Romanian state until the date on which the right of stay established by visa or, as the case may be, cease by the residence permit. (2) Foreigners who do not have the obligation to obtain a visa in accordance with the Regulation (EC) No 539/2001 of 15 March 2001 establishing the list of third countries whose nationals must be in possession of a visa for crossing the external borders and the list of third countries whose nationals are exempt from that obligation, allow entry into the territory of Romania and may remain for a maximum period of 90 days during any period of 180 days preceding each day of stay on the territory of any Schengen State. (3) The foreigners who are in possession of a visa issued by a Schengen State under the terms of the Visa Code, except for visas subject to a limitation for the territory of Romania, may enter and remain in Romania in compliance with the validity of the visa and the period of stay granted by that visa. (4) Aliens holders of long-stay visas or residence permits issued by other Schengen States shall be allowed to enter the territory of the Romanian State and may remain for a maximum period of 90 days during any period of 180 days preceding each day of stay in the territories of the other Schengen States other than that which issued their long-stay visa and residence permit. ' ----------- Item 3 of art. III has been amended by section 2 2 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 4. In Article 20, the introductory part shall be amended and shall read as follows: "The Romanian authorities grant the following types of visas:". 5. Article 20, point b) shall be repealed. 6. Article 22 shall be repealed. 7. Article 23 is amended and shall read as follows: "" ARTICLE 23 Short-stay visa The short-stay visa shall be granted under the conditions and for the purposes of the Visa Code. " 8. Article 27 is amended and shall read as follows: "" ARTICLE 27 Granting visa (1) The Romanian authorities shall grant to foreigners, upon request, visas from those provided in art. 20, under the conditions and for the purposes provided for in the Visa Code or in this emergency ordinance, as appropriate. (2) The Ministry of Foreign Affairs informs the European Commission of the representation agreements concluded pursuant to art. 8 8 of the Visa Code. (3) The list of states whose citizens need a visa to enter the territory of Romania is the one set out in Annex no. I to Commission Implementing Regulation (EU) No 539/2001 539/2001 of the Council. (. The long-stay visa shall be granted only if: a) the conditions regarding the entry into the territory of Romania, provided for in art. 6 6 para. ((1) lit. a), c)-h); b) there are none of the reasons for not allowing entry into Romania, provided in art. 8 8 para. ((1) lit. b)-d) and para. ((2) lit. c); c) on behalf of the foreigner no alert was introduced regarding the refusal of issuance of the visa in the Integrated Information System for Migration and Asylum Management; d) there is no reason to consider that the visa is requested for the purpose of illegal migration e) the foreigner has not been definitively convicted of crimes committed abroad, incompatible with the purpose for which he requests the granting of the visa; f) the general conditions laid down in this section are met, as well as the special conditions for granting the visa, depending on the purpose for which it is requested; g) the travel document is not counterfeit, false or falsified; h) there are no reasonable doubts as to the authenticity of the supporting documents submitted by the applicant or on the veracity of the data that they contain or to the degree of trust that may be granted to the declarations Applicant. (5) If foreigners do not meet the conditions provided in par. ((4) lit. a), because they are subject to alerts entered in the Schengen Information System by another Schengen State for the purpose of not allowing entry, the long-stay visa is granted only for justified reasons, in particular for humanitarian reasons or because of international obligations and only after consulting the Schengen State which introduced the alert, in accordance with the procedure laid down in the Sirene Manual. (6) The foreigners whose stay on the territory of Romania is in the interest of the Romanian state are granted the long-stay visa, at the express request of the Parliament, the Presidential Administration, the Government or the central public administration authorities specialty addressed to the National Visa Center, without fulfilling the conditions provided in par. ((4), if they do not pose a danger to public order or national security. " ----------- Item 8 of art. III has been amended by section 3 3 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 9. Article 28 is amended and shall read as follows: "" ARTICLE 28 Conditions with regard to the validity of travel documents (1) The conditions regarding the validity of the travel document on which the airport transit visa or the short-stay visa are to be applied are those provided for in art. 12 12 of the Visa Code. ((2) The conditions regarding the validity of the travel document provided for in art. 12 of the Visa Code also applies to travel documents in which the long-stay visa is to be applied. " 10. After Article 28, a new article is inserted, Article 28 ^ 1, with the following contents: "" ARTICLE 28 ^ 1 Conditions with regard to the application of the airport transit visa and the short-stay visa The conditions regarding the submission of applications for the granting of the airport transit visa or the short-stay visa, as well as those relating to the admissibility of these applications are those provided for in art. 9 9 and 10, respectively in art. 19 19 of the Visa Code. " 11. Article 29 is amended and shall read as follows: "" Article 29 Conditions with regard to the application of the long-stay visa (1) The application for the granting of the long-stay visa must be accompanied by the state border crossing document, which meets the validity conditions, according to art. 28 28 para. (2), in which the visa can be applied, of documents justifying the purpose and conditions of the trip, as well as proof that the foreigner possesses means of maintenance during his stay in Romania and to leave the territory of Romania. (2) It may be accepted as proof of the means of maintenance the amounts of money in convertible currency, traveller's cheques, cheque books on an account in estimates, credit cards with the statement of account for them, issued no later than two days before the request for a long-stay visa, or any other means that prove the existence of the corresponding financial (3) When submitting the application for the granting of the long-stay visa, the applicant is, as a rule, called to the interview. (4) The application for the granting of the long-stay visa shall not be taken over, being considered inadmissible, and the examination of the visa file shall be stopped, in the following cases: a) is not submitted no more than 3 months before the expected date of arrival in Romania; b) the applicant does not submit the completed application form, signed and two standards-compliant photographs; c) when the visa fee has not been paid. (5) At the request of the long-stay visa, foreigners must personally present themselves to the competent authorities to grant a visa. (6) May be an exception to the provisions of par. (3) and (5) the outstanding personalities of social, cultural, political or economic life, foreigners who must travel a very long distance to present themselves to the diplomatic mission or to the consular office and only if there is no doubt with the applicant's good faith, as well as organized groups, when a recognized and trustworthy body responds to the good faith of the applicants. " ----------- Item 11 of art. III has been amended by section 4 4 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 11 11 ^ 1. Article 29 ^ 1 is repealed. ----------- Item 11 ^ 1 of art. III was introduced by section III. 5 5 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 12. Article 30 is amended and shall read as follows: "" ARTICLE 30 Competent authorities to grant visa (1) The airport transit visa and the short-stay visa shall be granted by the diplomatic missions and consular offices of Romania: a) without the prior approval of the National Visa Center, for foreigners coming from the states provided in the list referred to in art. 27 27 para. (3), for which the invitation procedure is not required; b) with the prior approval of the National Visa Center, for foreigners coming from the states mentioned in the list provided for in art. 37 37 para. ((2), as well as where additional checks are required for the settlement of applications submitted by foreigners coming from the states provided for in the list referred to in art. 27 27 para. (3), for which the invitation procedure is not required. (2) In order to approve applications for short-stay visas, the National Visa Centre may: a) requests the opinion of the General Inspectorate for Immigration, in cases established by protocol, approved by order of the Minister of Foreign Affairs and the Minister of Internal Affairs; b) consult the competent authorities of the Member States, according to art. 22 22 of the Visa Code. (3) The opinion of the General Inspectorate for Immigration provided in par. ((2) lit. a) ascertains the fulfilment of the conditions 6 6 para. ((1) lit. a), e), g) and h) and in art. 8 8 para. ((1) lit. b)-d). (4) The General Inspectorate for Immigration issues the opinion provided in par. ((2) lit. a) within up to 7 working days from the date of receipt of the request of the National Visa Center. In duly justified circumstances, the time limit may be extended by up to 7 working days. (5) The airport transit visa and the short-stay visa shall be granted by the competent authorities of other Schengen States, according to the representation agreements concluded pursuant to art. 8 8 of the Visa Code. (6) The short stay visa is granted by the border police bodies, at the external border crossing points, according to the provisions of art. 35 and 36 of the Visa Code. (7) The long-stay visa is granted by the diplomatic missions and consular offices of Romania, with the approval of the National Visa Center, only after obtaining the opinion of the General Inspectorate for Immigration. (8) The opinion of the General Inspectorate for Immigration provided in par. (7) finds that the conditions laid down in art. 6 6 para. ((1) lit. a), e), g) and h), art. 8 8 para. ((1) lit. b)-d) and art. 27 27 para. ((4) lit. c) and d), as well as the special conditions for each type of long-stay visa. (9) The General Inspectorate for Immigration issues the opinion provided in par. ((7) within up to 30 days from the date of receipt of the request of the Ministry of Foreign Affairs. In duly justified cases, where a more thorough examination of the application is necessary, the time limit may be extended by 15 days. (10) The visa for foreigners who are family members of Romanian citizens is granted by diplomatic missions and consular offices of Romania, without payment of taxes. " ----------- Item 12 of art. III has been amended by section 6 6 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 13. Article 31 is amended and shall read as follows: "" ARTICLE 31 Resolution of visa applications (1) The conditions in which the applications for granting the airport transit visa or the short-stay visa are settled are those provided for in art. 23 23 of the Visa Code. ((2) Applications for the granting of the long-stay visa shall be settled for the purpose of granting the long-stay visa or for the purpose of refusing to grant the long-stay visa, within up to 60 days from the date of their submission, following the verification the fulfilment of the general and special conditions established by this Emergency Ordinance. (3) The Commission shall establish at the level of the Ministry of Foreign Affairs the Appeals Resolution Commission on the refusal of the granting of visas, whose powers, operating regulations and working procedure shall be established by order of the Minister foreign affairs. (4) The decision of the diplomatic missions and consular offices of Romania refusing to grant the visa shall be communicated to the applicant, together with the reasons on which it is based. Applicants who have been refused the issuance of a visa have the right to appeal to the commission referred to in par. ((3). ' 14. Article 32 shall be repealed. 15. In Article 33, the introductory part of paragraph 2 shall be amended and shall read as follows: " (2) The authorities referred to in par. ((1) may take the measure of cancellation of the long-stay visa in the following situations: ". 16. In Article 33, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The situations in which the authorities referred to in par. (1) cancel or revoke the airport transit visas or short-stay visas are those provided for in art. 34 34 of the Visa Code. " 17. In Article 33, the introductory part of paragraph 3 shall be amended and shall read as follows: " (3) The measure of revocation of the long-stay visa may be ordered by the authorities provided in par. ((1) in the following situations: ". 18. In Article 33, paragraph (4 ^ 1) is amended and shall read as follows: " (4 ^ 1) The decision to cancel or, as the case may be, revocation ordered by the diplomatic missions or consular offices of Romania can be challenged at the commission provided for in art. 31 31 para. ((3). The decision to cancel or revoke the border police bodies may be challenged under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. The decision of cancellation or revocation ordered by the General Inspectorate for Immigration can be challenged under the conditions of art. 85 85. " ----------- Item 18 of art. III has been amended by section 7 7 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. 19. In Article 33, after paragraph (4 ^ 1), a new paragraph (4 ^ 2) is inserted, with the following contents: " (4 ^ 2) The decision to cancel or, as the case may be, to revoke the airport transit visa or the short stay visa shall be communicated to the foreigner by the authorities provided in par. ((4), using the form set out in Annex VI to the Visa Code. " 20. Article 33 (5) shall be amended and shall read as follows: " (5) Cancellation or revocation of airport transit visas, short-stay visas and long-stay visas shall be materialized on the visa package by carrying out the operations provided for in art. 34 34 para. ((5) of the Visa Code. " 21. In Article 33, after paragraph 5, a new paragraph (5 ^ 1) is inserted, with the following contents: "" (5 ^ 1) In case of cancellation or revocation of the visa issued by another Schengen state, the authority that ordered the measure shall communicate this to the Consular Department of the Ministry of Foreign Affairs, in order to inform the issuing state. " 22. Article 33 (6) shall be repealed. 23. After Article 33, a new article is inserted, Article 33 ^ 1, with the following contents: "" ARTICLE 33 ^ 1 Prolongation of the validity of the short stay visa or the right of residence conferred on the foreigner by visa (1) The duration of validity and/or the right of residence established by the short-stay visa issued by the Romanian authorities or by another Schengen state may be extended under the conditions of art. 33 33 of the Visa Code. (2) The national competent authority to extend the visa referred to in paragraph (1), applied on simple passports, is the Romanian Office for Immigration and its territorial formations, and for those applied on service or diplomatic passports is the Ministry of Foreign Affairs. " 24. The title of Section 4 of Chapter III is amended and shall read as follows: " SECTION 4 Special conditions for granting airport transit visas and short-stay visas " 25. In Article 34, paragraph 1 shall be amended and shall read as follows: "" Art. 34. -(1) The airport transit visa shall be granted by the diplomatic missions or consular offices of Romania, with the prior approval of the Consular Department of the Ministry of Foreign Affairs, under the conditions established by the Visa Code. " 26. Article 35 shall be repealed. 27. Article 36 is amended and shall read as follows: "" ARTICLE 36 Documents required to obtain the short-stay visa Depending on the purpose for which the short-stay visa was requested, it is necessary to submit by the foreigner some supporting documents, in accordance with the provisions of art. 14 14 and Annex II of the Visa Code. ' 28. In Article 37, paragraph 1 shall be amended and shall read as follows: "" (1) The granting of short-stay visas to foreigners from the states mentioned in the list provided for in art. 27 27 para. ((3), for which the invitation procedure is established, shall be made in compliance with the conditions for granting them and the special provisions of this section. " 29. In Article 39, paragraph 1 shall be amended and shall read as follows: " (1) The form, content and safety elements of the invitation form provided by this section shall be established by the Ministry of Administration and Interior, with the opinion of the Ministry of Foreign Affairs, in compliance with the provisions of art. 14 14 para. ((4) of the Visa Code. The Ministry of Administration and Interior communicates to the European Commission the model of the form and ensures, through the Romanian Immigration Office, its manufacture. " 30. Article 40 (2) (c) shall be repealed. 31. In Article 40 (2), the letter e) shall be amended and shall read as follows: " e) foreigners who have applied in the visa-state border crossing document of the Member States of the European Union, of the European Economic Area, of the States Parties to the Schengen Agreement or of the States for whose citizens there is no the obligation to enter these states. " 32. in Article 40, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The visas granted by the Romanian authorities to the foreigners referred to in par. ((2) lit. d) and e) may not exceed the validity of the visas applied in their documents or the validity of the residence permits whose holders are. " 33. In Article 50, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) If foreigners do not meet the conditions provided in par. ((2) because they are subject to alerts entered in the Schengen Information System by another Schengen State for the purpose of not allowing entry, the right of residence may be extended, but only for justified reasons, in particular for humanitarian reasons or due to international obligations and only after consulting the Schengen State which has entered the alert, in accordance with the procedure laid down in the Sirene Manual. '; 34. In Article 71, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) If the foreigners meet the conditions provided in par. ((1), but are subject to alerts entered in the Schengen Information System by another Schengen State for the purpose of not allowing entry, the right of permanent residence shall be granted only for justified reasons, in particular for humanitarian reasons or due to international obligations and only after consulting the Schengen State which introduced the alert in accordance with the procedure laid down in the Sirene Manual. '; 35. In Article 106 ^ 3, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 2) If the foreigner against whom the prohibition of entry into Romania is intended to possess a residence permit issued by another Schengen State, the consultation of the issuing state of the permit shall be triggered, in accordance with the procedure provided in the Sirene Manual. ' ----------- Item 35 of art. III has been amended by section 8 8 of art. 43 of ORDINANCE no. 25 25 of 26 August 2014 , published in MONITORUL OFFICIAL no. 640 640 of 30 August 2014. + Article IV Government Emergency Ordinance no. 56/2007 on the employment and posting of foreigners on the territory of Romania, published in the Official Gazette of Romania, Part I, no. 424 of 26 June 2007, approved with amendments and additions by Law no. 134/2008 ,, amend and supplement as follows: 1. in Article 2, points a), b) and h) shall be amended and shall read as follows: "" a) foreigner-the person who does not have the Romanian citizenship, the nationality of another Member State of the European Union or of the European Economic Area or the nationality of the Swiss Confederation b) work authorization-the official document issued under the law, which entitles the holder to be employed or posted in Romania to a single employer and on a single position; ........................................................ h) staff with special qualification-university professors, researchers and scientific staff who carry out in Romania an academic activity or research activity at universities, education and research institutions, authorities and institutions of the central public administration system; '. 2. in Article 2, after letter h), six new letters, letters i)-n) are inserted, with the following contents: " i) employer-legal person or natural person with headquarters, respectively domicile in Romania or branch, branch, agency or representative office in Romania of a foreign legal person based abroad, authorized according to the law, which fit the labor force under the law; j) highly qualified job-the workplace of a person who for the purpose of exercising a salaried, real and effective activity, for the benefit of or under the coordination of another person, is paid and has adequate and specific skills necessary, demonstrated by higher professional qualifications; k) higher professional qualifications-qualifications attested by presenting qualifications from post-secondary or higher education or through documents certifying obtaining in Romania or in another Member State of the European Union of qualification professional, as a result of a professional experience with a level of knowledge comparable to postsecondary or higher education qualifications, with relevance in the profession or sector specified in the employment contract or in the firm offer of employment; l) qualification from post-secondary or higher education-any diploma, certificate or other official qualification issued/issued by a competent authority, certifying the completion of a post-secondary or higher education program; m) post-secondary or higher education programs-series of courses, lasting at least 3 years, followed after graduation of high school education and provided by an educational institution recognized by the state in which it is found; n) the highly qualified worker-the titular foreigner of a Blue Card of the European Union. " 3. In Article 3 (1), the letter e) shall be amended and shall read as follows: "e) employers have paid the obligations to the state budget for the last quarter;". 4. In Article 3 (1), after letter f) a new letter, letter g) is inserted, with the following contents: "g) the employer has not previously been sanctioned for undeclared work or illegal employment." 5. In Article 3, paragraph 2 shall be amended and shall read as follows: " (2) Provisions of para. ((1) lit. a) does not apply to foreigners who perform the position of administrator in a commercial company with foreign participation, in a situation where there is only one person appointed to this position, if the foreigner carries out the activity as a sportsman professional, given the existence of evidence that he carried out similar activity in another country, to the applicants for the authorization for seasonal workers, to the applicants for the nominal work authorization, for cross-border workers, as well as foreigners holding a residence permit for study purposes. '; 6. Article 4 is amended and shall read as follows: "" Art. 4. -(1) The work authorization shall be issued, at the request of the employer, by the Romanian Immigration Office, through its territorial formations, if the following conditions are found: a) the employer presents the documents provided by this emergency ordinance for each type of work authorization proving that it carries out a legal activity in Romania, that it has no debts to the state budget for the last quarter and that it made a legal selection; b) the foreigner meets the special conditions of professional training, experience in activity and authorization, is medically fit to carry out that activity, has no criminal record and falls under the annual quota approved by Government decision, as well as the conditions provided in art. 6 6 para. ((1) lit. a), e), g) and h), art. 8 8 para. ((1) lit. b)-d), art. 11 11 and art. 27 27 para. ((2) lit. c) and e) of Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent additions. (2) The work authorization shall be issued for admission on the territory of Romania and for the extension of the right of residence for periods of no more than one year. (. The work authorization shall also be issued to foreigners who: a) come from states with which Romania has concluded agreements, conventions or agreements to abolish visas for the crossing of the border for this purpose or for which Romania has unilaterally waived the visa requirement; b) benefit from the right of temporary residence for family reunification, granted under the conditions established by the legislation on the regime of foreigners in Romania; c) benefit from the right of temporary residence for study purposes and apply for employment on the basis of an individual part-time employment contract, with a maximum of 4 hours per day; d) are posted on the territory of Romania. (4) The work authorization is not granted to foreigners who in the last 2 years had a right of residence for the conduct of commercial activities and did not comply with the business plan provided for in art. 43 43 para. ((2) lit. a) of Government Emergency Ordinance no. 194/2002 , republished, with subsequent additions. " 7. in Article 5, points d) and h) shall be amended and shall read as follows: " d) foreigners who carry out teaching, scientific or other categories of specific activities of a temporary nature in accredited or provisionally authorized institutions of Romania, on the basis of bilateral agreements or as holders of a right of residence for carrying out scientific research activities, and staff with special qualification, based on the order of the Minister of Education, Research, Youth and Sports, as well as foreigners carrying out artistic activities in Romanian cultural institutions, based on the order of the Minister of Culture and national heritage; .......................................................... h) foreign employees of legal entities based in one of the member states of the European Union or of the European Economic Area or in the Swiss Confederation, posted in Romania, provided the presentation of the residence permit from that state; ". 8. In Article 5, after letter h) two new letters, letters i) and j) are inserted, with the following contents: "" i) asylum seekers, after the expiry of a period of one year from the date of application for asylum, if they are still in the procedure for determining a form of protection; j) tolerated foreigners, while they were granted the tolerance of remaining on the territory of Romania. " 9. In Article 6 (1), after letter g) a new letter, letter h) is inserted, with the following contents: " h) work authorization for highly qualified workers-entitles the holder to be employed, on the basis of a valid employment contract, concluded for a period of at least one year, to a natural or legal person in Romania, on a place of Highly skilled work. " 10. in Article 7 (1), points a), d), e) and i) shall be amended and shall read as follows: " a) the registration certificate from the National Trade Register Office, in copy and in original; ............................................................ d) the certificate of fiscal attestation issued by the administration of public finances in whose territorial area the employer has its registered office, regarding the payment of the obligations to the state budget, at the end of the quarter ended before e) the certificate issued by the employment agency in whose territorial area the employer has its headquarters, with regard to the labor force available for the vacant job communicated by the employer according to the legal provisions, with the days prior to the application; ............................................................ i) the curriculum vitae of the foreigner, which also contains the declaration on his own responsibility that he is medically fit to be employed and that he has minimal knowledge of Romanian language; ". 11. In Article 7 (1), after letter i) a new letter, letter i ^ 1) is inserted, with the following contents: "" i ^ 1) criminal record or other document with the same legal value, issued by the authorities of the country of origin or residence; '. 12. In Article 7 (1), after letter j) a new letter, letter j ^ 1) is inserted, with the following contents: "" j ^ 1) where applicable, documents certifying obtaining in Romania or in another Member State of the European Union the professional qualification necessary to fill the position for which the work authorization is requested; ". 13. Article 8 shall be repealed. 14. In Article 9 (1), the introductory part shall be amended and shall read as follows: "" Art. 9. --(1) In order to obtain the work authorization for seasonal workers, the employer, the legal person in Romania or a representative, branch or branch of a legal person based abroad, will submit to the Romanian Office for Immigration a reasoned request regarding the need for employment of the foreigner, accompanied by the documents provided in art. 7 7 para. ((1) lit. a)-d), i), l) and m), as well as: ". 15. In Article 9 (2), the introductory part shall be amended and shall read as follows: " (2) In order to obtain the work authorization for seasonal workers, the individual employer will submit to the Romanian Immigration Office a reasoned request, accompanied by the documents provided in art. 7 7 para. ((1) lit. d), i), l) and m), as well as: ". 16. Article 14 is amended and shall read as follows: "" Art. 14. -For obtaining the work authorization for posted workers, the employer, the legal person in Romania or a representative, branch or branch of a legal person based abroad, will submit a reasoned request, accompanied by the documents provided in art. 7 7 para. ((1) lit. a), b), d), i)-k) and m), as well as: a) copy of the valid border crossing document; b) the copy of the individual employment contract, registered with the competent authorities of the country of origin, translated and legalized; c) copy of the act of posting, translated and legalized; d) as the case may be, the copy of the commercial service contract, registered with the territorial competent fiscal body. " 17. After Article 14, a new article is inserted, Article 14 ^ 1, with the following contents: "" Art. 14 14 ^ 1. -In order to obtain the work authorization for highly qualified workers, the employer, the legal person in Romania, will submit a reasoned request accompanied by the documents provided in art. 7 7 para. ((1) lit. a), b), d), i), l) and m), as well as: a) the copy of the valid employment contract or a firm offer of employment on a highly qualified job of at least one year, which must provide that the monthly or annual salary is at least 4 times the average gross salary on the economy; b) the attestation of recognition of studies, issued by the Ministry of Education, Research, Youth and Sports, under the conditions provided by the legislation in the field, or the diploma of studies, issued by accredited educational institutions in Romania, which provide evidence of a post-secondary or higher education qualification required to fill the position for which the work permit is required, both in the case of regulated professions and in the case of non-regulated professions; c) when applicable, documents attesting to obtain in Romania or in another Member State of the European Union, as a result of a professional experience with a level of knowledge comparable to the qualifications in post-secondary or higher education, the higher professional qualification required to fill the position for which the work permit is requested, only in the case of regulated professions. " 18. In Article 15, paragraph 1 shall be amended and shall read as follows: "" Art. 15. -(1) The application for the issuance of the work authorization shall be settled by the Romanian Immigration Office, within 30 days from the date of its registration. In cases where, in order to ascertain the conditions for obtaining the work permit, additional checks are required, the deadline for the application may be extended by no more than 15 days. The application for the issuing of the work authorization made by the holder of the Blue Card of the European Union obtained in another Member State shall be settled within 15 days from the date of receipt. ' 19. Article 15 (2) shall be repealed. 20. In Article 15, paragraph 3 shall be amended and shall read as follows: " (3) The work authorization is valid throughout the period of the individual employment contract, full time, targeted by the territorial labor inspectorate, in case of continuing employment relationships in the same position and at the same employer, with the exception of work authorization for posted workers, which shall be valid for one year from the date of issue. " 21. Article 15 (4), (5) and (6) shall be repealed. 22. In Article 15, paragraphs 9 and 10 shall be amended and shall read as follows: " (9) If the foreign employment relationship ceases before the expiry of the period for which the work authorization has been issued, employment with another employer can only be done if a new work authorization is obtained, except the cases provided in art. 6 6 para. ((1) lit. b), c) and f). The application for the issuance of a new work authorization will be submitted to the territorial competent party of the Romanian Immigration Office, within 60 days from the date of registration of the termination of the employment relationship. (10) In case of non-granting of the work authorization, the Romanian Immigration Office, through its territorial formations, has the obligation to communicate in writing to the employer the reasons behind this decision. " 23. In Article 15, after paragraph 11, three new paragraphs are inserted, paragraphs 12 to 14, with the following contents: " (12) The owner of a work authorization obtained under the conditions of art. 4 4 para. ((3) lit. c), after the completion of studies in Romania, a new work authorization is issued, at the request of the employer, without the need to meet the conditions provided for in art. 7 7 para. ((1) and without paying the tax provided in art. 20, subject to the conclusion of a full-time employment contract, in the specialty of graduate studies. (13) The refusal to issue the work authorization may be challenged at the court of appeal in whose jurisdiction the territorial party that ordered the measure is within its jurisdiction, under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. (14) If the employer vacates another function, for which an employee is selected, it is necessary to obtain a new work authorization, under the law. " 24. in Article 23, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) In the case of foreigners who may be employed or, as the case may be, may provide work on natural or legal persons in Romania, without work authorization, the employer must keep, at least during the employment period, a copy of the residence permit or travel document showing the legality of the stay on the territory of Romania. " 25. In Article 26, letter a) is amended and shall read as follows: "a) the receipt at work of a foreigner without work authorization or residence permit for work purposes, with a fine of 3,000 lei to 4,000 lei for each foreigner, without the fine being able to exceed 100,000 lei;". 26. In Article 26, after letter d) a new letter, letter e) is inserted, with the following contents: " e) failure to fulfil the obligations of the employer provided in 23, with a fine of 700 lei per 1,000 lei. " 27. After Article 26, a new article is inserted, Article 26 ^ 1, with the following contents: "" Art. 26 26 ^ 1. -In cases where the employer's commission of the act referred to in art. 26 lit. a) or b), upon referral to the Romanian Immigration Office or the territorial labour inspectorate, the competent authorities may, under the law, order the following measures: a) the total or partial loss of the employer's right to benefit from benefits, aid or public subsidies, including from European Union funds, for a period of up to 5 years; b) prohibition of the employer's right to participate in the award of a public contract for a period of up to 5 years; c) full or partial recovery of benefits, aid or public subsidies, including European Union funds, awarded to the employer, for a period of up to 12 months prior to the finding of the deed; d) the temporary or final closure of the point or of the points of work in which those facts were committed or the temporary or final withdrawal of the licence to carry out the professional activity in question, if this is justified by the gravity of the infringement 28. After Article 27, a new article is inserted, Article 27 ^ 1, with the following contents: "" Art. 27 27 ^ 1. -(1) In each case in which it is found to commit a fact of those provided in art. 26 lit. a) or b), the employer shall be liable for payment: a) any outstanding remuneration due to illegally employed foreigners. The amount of remuneration is assumed to be equal to the average gross salary on the economy, unless either the employer or the employee can prove otherwise; b) the amount of all taxes, taxes and social security contributions that the employer would have paid if the foreigner had been legally employed, including the penalties of delay and the corresponding administrative fines; c) any expenses determined by the transfer of outstanding payments in the country where the foreigner returned voluntarily or was returned. (2) When it is found that the act provided for in art. 26 lit. a) or b) was committed by a subcontractor, both the principal contractor and any intermediate subcontractor will be held liable if they were aware that the employer subcontractor employed foreigners in the situation of illegal stay, in solidarity with the employer, in order to make the payments provided in par. ((1) lit. a) and c) and in art. 26 26 or instead of the subcontractor's employer or contractor whose direct subcontractor is the employer. " + Article V After Article 2 of Government Emergency Ordinance no. 55/2007 on the establishment of the Romanian Immigration Office through the reorganization of the Foreign Authority and the National Office for Refugees, as well as the modification and completion of some normative acts, published in the Official Gazette of Romania, Part I, no. 424 of 26 June 2007, approved by additions Law no. 347/2007 , six new articles are introduced, Articles 2 ^ 1-2 ^ 6, with the following contents: "" Art. 2 2 ^ 1. -(1) For the purposes of applying the legal provisions in the field of migration, asylum and social integration of foreigners, as well as the relevant legislation in these fields, the Romanian Immigration Office may carry out data processing activities with personal character, under the law. (2) The processing of personal data of foreigners shall be carried out under the conditions established by the legislation on the protection of persons with regard to the processing of personal data and the free movement of such data. Article 2 ^ 2. -(1) In carrying out its duties, the Romanian Immigration Office shall organize the National Foreigners System, hereinafter referred to as SNES, in which it maintains records and records of personal data, as well as other data obtained as a result of exercising, according to the law. ((2) The SNES consists of types of records held both in the computer system and through the archival background of the citizens of the Member States of the European Union, of the European Economic Area or of the Swiss Confederation, of foreigners, of applicants and beneficiaries of a form of protection, based on the principle of place of residence or residence. (3) The IT component of SNES is the Integrated Information System for Migration and Asylum Management, composed of: a) Information system for the management of foreigners; b) The computer system visa online, until the date of application in full by Romania of the provisions of the Schengen acquis, pursuant to the decision of the Council issued in this regard; c) the composition of the database of the National Visa Information System, which includes data introduced by the structures of the Ministry of Administration and Interior from the date of application of the provisions of the Schengen acquis in full by Romania, pursuant to the Council Decision issued to that effect; d) Asylum Records System. Article 2 ^ 3. -The types of records managed within the SNES through the IT component and the archival fund are as follows: a) for foreigners: data on admission, stay and removal of foreigners on/from the territory of Romania, as well as specific measures to control immigration; b) for the citizens of the Member States of the European Union, of the European Economic Area or of the Swiss Confederation: data on the exercise of the right to free movement of citizens of the Member States of the European Union, of the Economic European or of the Swiss Confederation and their family members, respectively residence and permanent residence, restriction of these rights, as well as removal from the territory of Romania; c) data on foreigners asylum seekers, those who have acquired a form of protection or have been relocated to Romania, of foreigners subject to the provisions of Regulation (EC) no. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national, as well as foreigners temporarily evacuated to Romania for humanitarian reasons, based on the Agreement between the Government of Romania and the United Nations High Commissioner for Refugees and the International Organization for Migration on temporary evacuation in Romania of people in urgent need of international protection and relocation subsequent to them, signed in Bucharest on 8 May 2008, and for the regulation of procedural aspects of its implementation, ratified by Law no. 291/2008 ; d) data on foreigners prosecuted, for acts committed on the territory of Romania. Article 2 ^ 4. -(1) The following categories of data may be processed in respect of persons: a) surname and surname; b) surname and surname of family members; c) sex; d) date and place of birth; e) nationality; f) the personal numerical code; g) series and number of identity documents and civil status documents; h) signature; i) marital status; j) physical/anthropogenic characteristics; k) biometric data (digital impressions, digital photography); l) phone/fax; m) address; n) profession; o) place of work; p) image. (2) In the exercise of the powers conferred by law, the Romanian Immigration Office may also process other personal data, with the application of legal provisions in the field of personal data protection. Article 2 ^ 5. -Data and categories of data provided in art. 2 ^ 4 can be communicated, under the law, to the following recipients: a) the data subject or its legal representative; b) public institutions or authorities, as well as non-governmental organizations working in the field of human rights c) similar bodies in other states, based on the international obligations of Romania. Article 2 ^ 6. -The types and categories of records, the rules on the preservation, updating and use of the database provided in art. 2 ^ 2 para. (1) shall be established by order of the Minister of Administration and Interior, in compliance with the legal provisions on the protection of classified information, as well as those for the protection of persons with regard to the processing of personal and free movement of such data. " + Article VI Government Emergency Ordinance no. 105/2001 on the state border of Romania, published in the Official Gazette of Romania, Part I, no. 352 of June 30, 2001, approved with amendments by Law no. 243/2002, as amended and supplemented, shall be amended as follows: 1. Article 75, point b) shall be repealed. 2. Article 76 (1) (b) shall be repealed. This law transposes art. 2 lit. b) and g), art. 3 3 para. ((1), art. 4 4, art. 9 9 para. ((7), art. 15 15 para. (4) second sentence and art. 18 18 para. ((3) of Directive 2003 /109/EC of the Council of 25 November 2003 on the status of third-country nationals who are long-term residents, published in the Official Journal of the European Union, L series, no. 16 of 23 January 2004, art. 2 lit. c) and d), art. 4 4 para. ((1) lit. b), c) and d), art. 5 5 para. ((2), art. 6 6 para. ((1) and (3), art. 7 7 para. ((1) lit. a) and b), art. 15 15 and art. 16 16 para. ((1) lit. b) of Directive 2003 /86/EC of 22 September 2003 on the right to family reunification, published in the Official Journal of the European Union, L series, no. 251 of 3 October 2003, art. 4 4 para. ((1) lit. a) of Directive 2001 /51/EC of the Council of 28 June 2001 supplementing the provisions laid down in art. 26 26 of the Convention implementing the Schengen Agreement of 14 June 1985, published in the Official Journal of the European Union, L series, no. 187 187 of 10 July 2001, Directive 2009 /50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the occupation of highly qualified jobs, published in the Official Journal of the European Union, L series, no. 155 155 of 18 June 2009, Directive 2008 /115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures applicable in the Member States for the return of illegally staying third-country nationals, published in the Official Journal of the European Union European Union, L series, no. 348 348 of 24 December 2008, and Directive 2009 /52/EC of the European Parliament and of the Council of 18 June 2009 laying down minimum standards for sanctions and measures against employers of illegally staying third-country nationals published in the Official Journal of the European Union European Union, L series, no. 168 168 of 30 June 2009, except art. 9-12. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, July 11, 2011. No. 157. ----------