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Law No. 16 Of 2 April 1996 (Republished) Relating To National Archives

Original Language Title:  LEGEA nr. 16 din 2 aprilie 1996 (*republicată*) privind Arhivelor Naţionale

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LAW no. 16 16 of 2 April 1996 (* republished *) on the National Archives
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 293 293 of 22 April 2014



----- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 16/1996 was published in the Official Gazette of Romania, Part I, no. 71 of 9 April 1996 and subsequently amended and supplemented by: - Law no. 358/2002 to amend and supplement National Archives Law no. 16/1996 , published in the Official Gazette of Romania, Part I, no. 476 476 of 3 July 2002; - Government Emergency Ordinance no. 39/2006 to amend and supplement National Archives Law no. 16/1996 , published in the Official Gazette of Romania, Part I, no. 486 of 5 June 2006, approved with amendments by Law no. 474/2006 , published in the Official Gazette of Romania, Part I, no. 1.016 1.016 of 21 December 2006; - Law no. 329/2009 on the reorganisation of public authorities and institutions, the rationalisation of public expenditure, the support of the business environment and the observance of framework agreements with the European Commission and the International Monetary Fund, published in the Romania, Part I, no. 761 of 9 November 2009, with subsequent amendments and completions; - Law no. 138/2013 to amend and supplement National Archives Law no. 16/1996 , published in the Official Gazette of Romania, Part I, no. 253 253 of 7 May 2013. + Chapter I General provisions + Article 1 They constitute historical sources and make up the National Archival Fund of Romania the documents created over time by state bodies, public or private economic, social, cultural, military and religious organizations, by persons authorized individuals, professionals who operate under a special law and individuals. These documents state them special protection, under the conditions of this law. + Article 2 Through documents that are part of the National Archival Fund of Romania, for the purposes of this law, it is understood: official and private acts, diplomatic and consular, memoirs, manuscripts, proclamations, calls, posters, plans, sketches, maps, films cinematographic and other such testimonies, sealing matrix, as well as photo, video, audio and computer recordings, with historical value, made in the country or by Romanian creators abroad. + Article 3 (1) The administration, supervision and special protection of the National Archival Fund of Romania is carried out by the National Archives, which is established by Government decision * *) at the direction level, subordinated to the Ministry of Business Internal. (2) The National Archives shall perform its tasks through its specialized compartments and through the county services of the National Archives * *). ----- Note ** **) See Government Decision no. 1.376/2009 on the establishment, organization and functioning of the National Archives, published in the Official Gazette of Romania, Part I, no. 805 of 25 November 2009, as amended. (3) The special protection of the National Archival Fund of Romania is carried out under conditions of peace, according to the provisions of this law, and in case of war or natural calamities, by creators and holders, with the support of the designated bodies with special duties in such situations and with the specialized assistance of the National Archives. + Article 4 Individuals and legal entities, creators and holders of documents belonging to the National Archives Fund of Romania, hereinafter referred to as creators and holders of documents, are responsible for the bookkeeping, inventory, selection, preservation and use of documents under the provisions of this law. + Chapter II Tasks of the National Archives in the administration and special protection of the National Archival Fund of Romania + Article 5 The National Archives provides specialized assistance and ensures the unitary conduct of archival operations at the level of all creators and document holders, fulfilling the following tasks: a) elaborates, in accordance with the provisions of the present law, norms and methodologies of work for the organization and conduct of the entire archival activity, including for the classification and inclusion in the National Archival Fund of Romania documents referred to in art. 2, which are released, as the case may be; b) controls the application of the provisions of the legislation in force on the line of archive work and establishes the necessary measures according to c) takes over from the creators and archive holders the documents that are part of the National Archival Fund of Romania, under the conditions and at the deadlines provided for in this Law; d) ensure the record, inventory, selection, preservation and use of the documents it holds; e) provide the documents on the basis of microfilms and other appropriate forms of reproduction; f) constitutes and develops the data bank of the National Archives and the automated information and archival documentation network, establishes measures for technical and methodological correlation and for the collaboration of information and documentation services archival and similar compartments within the National Information and Documentation System; g) elaborates and publishes the "Journal of Archives" and other specialized publications, intended to inform and support scientific research, as well as to highlight the documents that are part of the National Archives Fund of Romania; h) ensures, through the Faculty of Archival and the National School of Archival Improvement, the training and specialization of the personnel necessary to carry out the archival activities; i) on request or ex officio attests whether or not a document is part of the National Archival Fund of Romania; j) authorizes the temporary removal over the border of documents belonging to the National Archival Fund of Romania, for the purpose of exposure or documentation on the occasion of international scientific or cultural events; k) maintains and develops relations with similar bodies and institutions abroad, in order to inform each other in the archival domain and exchange of documents and reproductions on them; ensures the application of conventions and agreements international on the archival domain and participate in international archival congresses, conferences, meetings and conferences; l) ensure the application of the provisions of the legislation in force in carrying out the protection of documents belonging to the National Archival Fund of Romania, respectively in defense of the state secret, security and preservation of these documents, both in time of peace and mobilization or war. + Article 6 Within the National Archives works a scientific council, consisting of specialists of the National Archives, researchers, university teachers and specialists from the interested ministries, who analyze, debate and make proposals in matters on specific working rules and methodologies, specialist publications, as well as the development of all archival activity. The organization and functioning, as well as the composition of the scientific council, are established by regulation of organization and functioning, approved by the director of the National Archives + Chapter III Obligations of creators and holders of documents + Section I Document records + Article 7 Creators and holders of documents are obliged to register and keep records of all the documents entered, those drawn up for internal use, as well as those out, according to the law. + Article 8 (1) Annually, the documents shall be grouped into archival units, according to the issues and retention periods set out in the nomenclature of archival documents, which shall be drawn up by each creator for their own documents. (2) The nomenclatures drawn up by creators at the central level are approved by the National Archives, and those of the other creators, by the county services of the National Archives, according to Annex no. 1. + Article 9 ((1) The documents shall be submitted to the archive of the archive of the creators of documents in the second year after the establishment, on the basis of inventory and minutes of delivery-receipt, drawn up according to the annexes no. 2 2 and 3. ((2) The records of all entries and exits of archival units in the warehouse shall be held on the basis of a register, according to Annex no. 4. (3) The removal of documents from the archive record shall be made only with the approval of the management of the creators or holders of documents and with the opinion of the National Archives or the county services of the National Archives, as the case may be, depending on the creators central or local level, following the selection, transfer to another archive warehouse or as a result of the destruction caused by natural calamities or an unpredictable and unremoved external event. + Section II Selection of documents + Article 10 (1) Within the National Archives works the central commission for the selection of documents, which coordinates the activity of selection of documents drawn up and held by creators at the central level, and within the county services of The National Archives operates a commission for the selection of documents, which coordinates the activity of selection of documents drawn up and held by the other creators. (2) The organization and the duties of the commissions provided in par. (1) shall be established by rules on archival activity, approved by the director of the National Archives. + Article 11 (1) Within each creative unit and holding of documents shall operate a selection committee, appointed by the decision or order of the head of the respective unit, being composed of: a president, a secretary and an odd number of members appointed from among its own specialists. This committee shall meet annually or whenever necessary, in order to analyse each archival unit in part, establishing its practical or historical value; the decision taken shall be recorded in a minutes, drawn up according to Annex no. 5. (2) The minutes of the selection, together with the inventories of the documents proposed for disposal as worthless as well as the inventories of the documents to be kept permanently, shall be submitted for approval to the Central Selection Commission, the case of creators and holders of documents at central level, or commissions within the county services of the National Archives, in the case of other creators and holders of documents. (3) The documents shall be removed from the records of the archives and may be deleted only on the basis of the minutes of the commissions provided in par. ((2). (4) In the case of the sole administrator, he shall be responsible for selecting the documents to be archived. + Section III Document retention + Article 12 (1) Creators and holders of documents are obliged to keep the documents created or held in appropriate conditions, ensuring them against destruction, degradation, evading or marketing under conditions other than those provided by law. (2) Creating legal entities and holders of documents are obliged to keep them in specially arranged spaces for the archive. The new constructions of the creators and archive holders will be endorsed by the National Archives or the county services of the National Archives, as the case may be, only if they have spaces provided for the preservation of documents. (3) The National Archives and the county services of the National Archives may extend the term of keeping the documents to the holders until providing the necessary premises for their takeover. (4) The archive deposits will be equipped, depending on the format and the support of the documents, with adequate means of preserving and protecting them, as well as with means, installations and fire prevention and extinguishing systems. (5) The Authority for the Administration of State Assets may take over all or part of the documents in the archive of companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, to which it holds at least 50% plus an action from the share capital. + Section IV Submission of documents to the National Archives + Article 13 (1) The creative and document-holding legal entities shall submit for permanent preservation to the National Archives and to the county services of the National Archives, as follows: a) photographic documents, as well as film films, 20 years after their creation; b) written documents, with the exception of civil status documents and technical documents, 30 years after their creation; c) technical documents, 50 years after their creation; d) civil status documents, 100 years after their preparation; e) the sealing matrices made of metal, having inscribed all the legal insignia and the complete name of the unit, after their decommissioning. (2) The documents created and held by the Authority for the Administration of State Assets may be carried to permanent storage at the National Archives from the moment, by order of the President of the Authority for the Administration of State Assets, notes that they are no longer necessary for the current activity. + Article 14 (1) Creators and archive holders may hold documents belonging to the National Archival Fund of Romania and after the expiry of the filing deadline, if necessary in carrying out their activity, based on the approval of the Director of the Archives National, in the case of creators and holders at the central level, and the heads of the county services of the National Archives, for the other creators and holders, under the conditions of compliance with the provisions of this law. (2) The Ministry of National Defence, the Ministry of Foreign Affairs, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, other bodies responsible for national security, as well as the Romanian Academy keep its own documents under the conditions of this law and after the expiry of the deadlines provided in 13. + Article 15 (1) Private organizations and individuals who hold documents from the National Archival Fund of Romania may submit them to the National Archives in the form of custody or donation, exempt from taxes and fees. (2) The holder who wants to sell documents belonging to the National Archival Fund of Romania is obliged to communicate this National Archives or, as the case may be, to the county services of the National Archives, which have priority to purchase any documents that are part of the National Archival Fund of Romania and which must be pronounced within 60 days from the date of registration of the communication. + Article 16 The documents with practical value, on the basis of which copies, certificates and extracts on individual rights of citizens are issued, will be kept by the creators and holders of documents. + Article 17 Creators and holders of documents, provided in art. 14 and 15, are obliged to submit to the National Archives or to the county services of the National Archives, as the case may be, one copy of the inventories of the permanent documents they hold, upon the expiry of their deadlines for their submission. + Article 18 (1) In case of declaration of bankruptcy, under the law, of a creator of documents, without its activity being continued by another, documents with historical value, within the meaning of art. 2, are taken over by the National Archives or the county services/Bucharest Municipality Service of the National Archives, and the documents with practical value, on the basis of which copies, certificates and extracts on the rights relating to Contribution internships to social insurance of citizens, shall be handed over, on a contract basis, to economic operators authorized in the provision of archival services. ((2) In case of termination, under the law, of the activity of an authorized natural person or of the activity of a professional who operates under a special law, who are creators of documents, or if they request, expressly, to take over the archive already created, the documents that make up the archive can be retrieved by the associated physical person, by the associate professional or by the professional organization of which they belong, at the request express them. ((3) The documents with practical value, on the basis of which copies, certificates and extracts on the rights of citizens relating to the contribution internships in the unitary public pension system, located at the territorial pension houses, are issued with priority, on the basis of contract, to economic operators authorized in the provision of archival services, at their request. (4) In the case of legal entities for which bankruptcy was declared, the financing of the transfer of the archive to an economic operator authorized to provide archival services will be made, as a priority, by the liquidator, from the liquidation fund, in conditions art. 4 4 of Law no. 85/2006 on insolvency proceedings, with subsequent amendments and completions, or, as the case may be, from the debtor's estate. (5) In order to achieve the activities provided in par. (1)-(4) the obligation to notify the National Archives or, as the case may be, of the county services/Bucharest Municipality Service of the National Archives, as follows: a) by liquidators: regarding the opening of the insolvency proceedings of a creator or holder of documents and, within 15 days from the conclusion of the contracts provided in par. ((1), regarding the identification data of economic operators authorized in the provision of archival services to which the documents of the dissolved creators were handed over for storage and administration; b) by the economic operators referred to in lett. a), in compliance with the 15-day period from the conclusion of the contracts provided in par ((1) on the documents taken on the basis of the contracts provided in par. ((1); c) by natural or legal persons, including territorial pension houses, which have in storage or custody the archives of the creators of documents abolished with regard to the surrender of the archive and, within 15 days from the conclusion of the contracts provided for in par. ((1), regarding the identification data of economic operators authorized in the provision of archival services to which the documents of the dissolved creators were handed over for storage and administration. (6) For the purpose of public information, the obligation to publish relevant information on the situation of documents taken from dissolved creators is established, as follows: a) for economic operators referred to in par. (1), by any means accessible to the public; b) for the National Archives, as a result of the notification provided in par. (5), through its own website. + Article 19 (1) Economic operators may provide storage, preservation, restoration, binding, archival processing and use of documents of practical value which they hold, hereinafter referred to as archival services, only after obtaining operating authorization from the National Archives or the county services/Bucharest Municipality Service of the National Archives, as the case may be. (2) The operating authorization shall be issued, for a fee, according to the legal provisions, for one or more archival services, if the conditions relating to: a) professional competence-the economic operator has staff employed with employment contract, having the professional training necessary to provide archival services; b) the material basis-the economic operator has sufficient material resources, such as: equipment, spaces, facilities for personnel in order to start and carry out the activities provided in par. ((1); c) the existence of internal archival practice regulations, in accordance with the provisions of the law. (. The operating authorization shall be issued for a period of 3 years and may be renewed for the same period. (4) The operating authorization shall be renewed obligatorily, before the end of the period provided in par. (3), in case of change of main office, merger or division of the economic operator authorized to provide archival services. (5) For the renewal of the operating authorization, the economic operator authorized to provide archival services shall submit to the National Archives or to the county services/Bucharest Municipality Service of the National Archives, as the case may be, the documentation updated which proves the fulfilment of the conditions provided in par. ((2). + Article 20 (1) The operating authorization shall be suspended by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, for a period that will not be able to exceed 3 months, in the following situations: a) when it is found that the economic operator authorized to provide archival services no longer meets the conditions that were the basis for its release, according to art. 19 19 para. ((2); b) when the economic operator authorized to provide archival services carries out other archival services than those for which the operating authorization was issued; c) when the economic operator authorized to provide archival services was sanctioned contraventionally at least 3 times in a year, for acts provided by this law. (2) The suspension of the operating authorization shall enter into force within 5 days from the date of notification by the National Archives or the county services/Bucharest Municipality Service of the National Archives, as the case may be. (3) The suspension of the operating authorization consists in prohibiting the right of the economic operator providing archival services to conclude contracts on the provision of archival services. During the suspension period and until the date set out in the notification provided for in paragraph (2), the economic operator authorized to provide archival services has the obligation to order the necessary measures to remove or terminate the situations that were the basis for the suspension. (4) The contracts provided in par. (3), concluded during the suspension period, are hit by absolute nullity. + Article 21 (1) The operating authorization shall be withdrawn by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, in the following situations: a) at the request of the economic operator authorized to provide archival services; b) when the economic operator authorized to provide archival services provided documents containing erroneous information on the occasion of the request for the issuance/renewal of the operating authorization; c) when, upon the period of suspension of the operating authorization ordered according to art. 20 20 para. ((1) lit. a), the economic operator does not meet the conditions that were the basis for its release; d) when the economic operator authorized to provide archival services does not comply with the prohibition established in art. 20 20 para. (3) or does not fulfill its obligations until the date set in the notification communicated by the National Archives or the county services/Bucharest Municipality Service of the National Archives, as the case may be; e) in case of suspension of the operating authorization, twice in a period of one year; f) when the economic operator authorized to provide archival services has not carried out archival services for 2 years from the date of issuance of the operating authorization. (. The operating authorization shall be withdrawn: a) from the date requested by the authorized economic operator to provide archival services; b) within 30 days from the date of notification by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, in the situations provided in par. ((1) lit. b)-f). + Article 22 ((1) Contracts having as object the provision of archival services must contain express clauses regarding the transfer of documents taken by the authorized economic operator to provide archival services, in case of termination of its activity, to another economic operator authorised to provide archival services. (2) Contracts concluded with non-compliance with the obligation provided in (1) are hit by absolute nullity. + Article 23 Notification procedure and content of the notification referred to in art. 18 18 para. ((5), the data to be entered in the register provided for in art. 25 25 para. (1) and the conditions for its management, as well as the procedures for issuing, renewing, suspending or withdrawing the authorization shall be established by methodological norms, approved by order of the Minister of Internal Affairs *), which shall be published in Official Gazette of Romania, Part I. ----- Note * *) See Minister of Internal Affairs Order no. 137/2013 for the approval of Methodological Norms on the application of National Archives Law no. 16/1996 , published in the Official Gazette of Romania, Part I, no. 619 619 of 4 October 2013. + Article 24 (1) Creators and/or holders of documents, legal persons, who change their property regime or change their object of activity, as well as the new holders who take over the estate have the obligation to order measures to preserve, preservation and record of the archive, under the conditions provided by law. (2) Creators and/or holders of documents referred to in par. (1), as well as economic operators authorized in the provision of archival services are obliged to take measures against destruction, degradation, evading or marketing without right of documents from the archive. (3) Storage of the documents referred to in par. (2) is made in spaces and in appropriate conditions, approved by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be. (4) The work card shall be handed over to the rightholders or to their legal successors, as the case may be. + Article 25 (1) The National Archives shall ensure the general record of economic operators authorized to provide archival services, through the Register of economic operators providing archival services. (2) The register provided in par. ((1) has a public document character. The access of persons to this information is carried out in compliance with the deadlines and procedures provided by the legal regulations on free access to information of public interest. + Article 26 (1) By exception to the provisions of this law, the notary offices, the chambers of public notaries and the National Union of Public Notaries in Romania, as the case may be, are the only entities that own, manage, preserve and protect the archives Notary. Such entities shall exercise their powers as provided for in this paragraph without the fulfilment of any prior authorisation. (2) Notary offices, chambers of public notaries and the National Union of Public Notaries, as the case may be, may own, administer, preserve and protect other archives than notary ones, with the fulfilment of all the conditions provided by this law. + Article 27 The documents belonging to the National Archival Fund of Romania once entered, according to the law, in the warehouses of the National Archives and/or of the county services of the National Archives, can no longer be withdrawn from their administration, except Those surrendered in custody. + Chapter IV Use of documents belonging to the National Archives Fund of Romania + Article 28 ((1) The documents belonging to the National Archival Fund of Romania can be used for: scientific research, solving of administrative works, information, educational actions, elaboration of publications and the release of children, extracts and certificates. (2) The documents belonging to the National Archives Fund of Romania can be found, on request, by Romanian and foreign citizens, 30 years after their creation. For documents to which this term has not been fulfilled, the research can only be done with the approval of the management of the creative unit or holder. ((3) The documents of special value shall not be publicly exposed, in original, but in the form of reproductions. + Article 29 (1) Creators or holders of documents or, as the case may be, their successors in their rights shall be obliged to issue, according to the law, at the request of natural persons and legal persons, certificates, certificates, copies and extracts from the documents that they create or own, including those for which the deadline provided for in art. 13 13, if they relate to rights which concern the applicant. (2) The services provided by the National Archives for the resolution of the requests of individuals and legal entities shall be carried out, for a fee, under the conditions provided by law. (3) Archival services provided under the conditions of par. (1) by economic operators authorized in the provision of archival services shall be carried out for a fee, based on tariffs whose maximum limits are established by the National Union of Insolvency Practitioners in Romania, with the opinion of the Archives National. + Article 30 ((1) Documents whose research may affect the national interests, rights and freedoms of citizens, by the data and information they contain, or those whose physical integrity is in danger shall not be given in research. (. Part of this category shall be the documents which: a) concern the safety, territorial integrity and independence of the Romanian state, according to the constitutional provisions and the legislation in force b) may harm the individual rights and freedoms of the citizen; c) are in an inadequate state of preservation, a situation established by the specialized commission and recorded in a verbal; d) are not archived. (3) The establishment of the respective documents shall be made by their legal holder, according to Annex no. 6. + Chapter V Archive staff + Article 31 (1) Creators and holders of documents, provided in art. 2, legal entities, have the obligation to set up archive compartments or to designate persons responsible for archive problems, depending on their value and quantity. (2) The appointment of the personnel responsible for the archive activity, the structure and competence of these archive compartments will be determined by the management of the creative unit and the holding of documents, with the opinion of the National Archives or, as the case may be, the county services of the National Archives. + Article 32 The training, attestation and improvement of the specialized personnel from the National Archives, as well as from the other creative units and the holding of archive documents are carried out through the Faculty of Archival and through the National School of Improvement Archival. + Article 33 The specialized staff of the National Archives will be sized according to the quality and specificity of the documentary material under administration and is part of the category of civil servants. + Chapter VI Liabilities and penalties + Article 34 Failure to comply with the provisions of this law shall entail, where appropriate, contravention, civil or criminal + Article 35 (1) The removal over the border without right, of the documents belonging to the National Archival Fund of Romania, constitutes a crime and is punishable by imprisonment from one year to 5 years or with a fine. (2) The foreigner, without right, of the documents provided in par. (1) to foreign natural or legal persons constitutes a crime and is punishable by imprisonment from 2 to 7 years. (3) The attempt is punishable. + Article 36 It constitutes contraventions to the provisions of this law the following facts, if they are not committed in such conditions that, according to the criminal law, they are considered crimes: a) non-inventory of documents or non-preparation by their creators, legal entities, archival nomenchers for their own documents, according to art. 8 8 para. ((2); b) non-surrender by the compartments of the creative unit, at its own archive, of the documents with permanent storage term, on the basis of inventory and minutes of delivery-receipt, according to the provisions of art. 9 9; c) non-selection of documents created and held by legal entities, at the deadlines provided in the own nomenclature, by the commission for the selection of documents, under the conditions provided in art. 11 11; d) failure to ensure the proper conditions of storage and protection of documents created and held by creators and archival holders, legal entities or individuals, according to art. 12 12; e) non-teaching, at the National Archives and, as the case may be, at the county services of the National Archives, of the documents that are part of the National Archival Fund of Romania by the creators and holders of archive documents, at the expiry of the deadlines provided in art. 13 13; f) offer for sale or sale of documents belonging to the National Archives Fund of Romania by individuals or legal entities, without respecting the priority of the National Archives to buy them, according to the provisions of art. 15 15 para. ((2); g) non-submission to the National Archives or to the county services of the National Archives, as the case may be, by the creators and holders of archive documents, of the inventories they hold at the expiry of the submission deadlines, under the conditions provided for in art. 17 17; h) non-compliance with the obligations provided 18 18 para. ((4) and para. ((5) lit. a), art. 19 19 para. ((1) and (4), art. 24 24 and art. 29 29 para. (1), as well as the practice of archival services with exceeding the maximum limits established according to art. 29 29 para. ((3); i) non-compliance by all creators and holders of documents of the conditions of preservation, preservation, enhancement, advertising, as well as those of access to documents, under the law. + Article 37 (1) Contraventions provided in art. 36 is sanctioned with a fine of 1,000 lei to 25,000 lei. ((2) The fine shall also apply to the legal person. (3) In the case of contraventions provided in art. 36 lit. f), the National Archives may request the court to annul the sale act, even after the expiry of the limitation period of contravention liability, under the conditions of civil law. + Article 38 Finding the contraventions provided in art. 36 and the application of sanctions are made by the powers of the National Archives and, as the case may be, of the county services of the National Archives + Article 39 Against the minutes of finding the contravention you can complain, within 15 days of communication, at the court in whose territorial area the contravention was committed. + Article 40 The contraventions provided in this law are applicable to the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VII Final and transitional provisions + Article 41 The creators and/or the holders of documents shall be obliged to communicate in writing, within 30 days, to the National Archives or, as the case may be, to the county services of the National Archives, the documents certifying their establishment, reorganization or abolition, under the law, as well as the measures ordered in order to archive the documents created or held by them. + Article 42 The names of the General Directorate of the State Archives and the State Archives, used in the normative acts in force, are replaced by the name of the National Archives. + Article 43 The provisions of this law regarding the county services of the National Archives apply, accordingly, to the Bucharest Municipality Service of the National Archives. + Article 44 Annexes no. 1-6 are an integral part of this law. + Article 45 Decree no. 472/1971 on the National Archival Fund of the Socialist Republic of Romania, as amended, as well as any other provisions contrary to the provisions of this Law shall be repealed. + Annex 1
Bailiff. It confirms.
------ ------ ------------
President of the Council of National Archives
of administration, (Head of County Service ...
((director) of the National Archives)
........................ ........................ ........................
NATIONAL ARCHIVAL NOMENCLATURE
approved by the Order (Decision) no. .... .... of ..........
Direction Services Name of the file (short content of the issues to which it relates) Storage time Comments
Secretariat and administrative direction A. Secretariat service 1. .................... 2. ............ ............ 3. ............ Permanent 10 years 5 years
B. Administrative service 1. .................... 2. ............ ............ 3. ............ Permanent 10 years 5 years
+ Annex 2 ....................... INVENTORY FOR THE YEAR ...... (name of the creator) for the documents that are kept ....................... permanently or temporarily (name of the compartment) No. Indicator of the file by nomenclature The short content of the file, the register, etc. Extreme data Number of tabs Observations This inventory consisting of .................... file contains .................. files, registers, condici, cartoteci etc. The numbers ............................................. were left at ................................., not concluded. The files were absent from the no. .............................. ............................... Today, ............................, .............. files were taken. I taught, I got, ............. ............... A4 format + Annex 3 Institution ............................................................ (autonomous direction, regulated company by Law no. 31/1990 , republished, with subsequent amendments and completions) MINUTES teaching-receipt of documents Today, ............................................, the undersigned, .................................................................. .................................................................., delegates of the compartment ......................................................., and ............................, the Archbishop of the institution ...................., we proceeded first to the handover and the second when taking over created during the period ............................................ by the service mentioned, in quantity of .................. files. The surrender-receipt was made on the basis of the attached inventories, comprising ........................ typed pages, according to legal provisions. I taught, I got, ................... ................... .................. + Annex 4 REGISTER OF RECORDS of the outputs of archival units No. Take over The name of the extreme data Number of files. Compartment date of the documentelorder After Receiving the actual inventory archive 1 2 3 4 5 6 7 + Annex 5 ........................ ((name of the creator) ........................ ........................ ((headquarters) MINUTES No. ............ The selection committee, appointed by Order no. ....... ....... of ............., selecting in the meetings of the ...................... documents of the years *) ................... ..................., it endorses that the files from the inventories annexed to be removed as unhelpful, expiring the storage times provided for in Unit classification. President, Signature ..................... ..................... ..................... .................... ((surname and surname) (surname and surname) (surname and surname) Signature Signature ..................... ..................... ..................... ..................... ..................... ..................... Signature ..................... ..................... ..................... Members, ..................... .................... ----- *) Extreme years. A5 format + Annex 6 LIST deadlines by which documents can be given in research on national interests, rights and freedoms of citizens -medical documents, 100 years after their creation; -civil status registers, 100 years after their creation; -personal files, 75 years after their creation; -documents regarding the private life of a person, 40 years after his death; -documents relating to national safety and integrity, 100 years after their creation; -documents on criminal affairs, 90 years after their creation; -documents on foreign policy, 50 years after their creation; --documents of private equity companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, 50 years after their creation; -tax documents, 50 years after the creation; -notary and judicial documents, 90 years after their creation. NOTE: We reproduce below the provisions art. II-IV of Law no. 138/2013 ,, which have not been incorporated into the republished form of Law no. 16/1996 and which continue to apply as own provisions of the Law no. 138/2013 : "" Art. I.-(1) Economic operators who, on the date of entry into force of this law, provide archival services have the obligation within one year from the date of entry into force of this law *) to request the issuance of the operating authorization, in conditions Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law. (2) Economic operators providing archival services that, at the time of fulfillment of the deadline provided in par. ((1) do not meet the conditions laid down by Law no. 16/1996 , with subsequent amendments and completions, as well as with those brought by this law, ceases its activity in the field of archival services. ((3) The sanction provided for in art. 184 184 para. ((2) * *) of Law no. 16/1996 , with subsequent amendments and completions, as well as with those brought by this law, it also operates in the case of contracts concluded before the entry into force of this law *), if at the time of fulfillment of the deadline provided in par. ((1) does not comply with Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law. Art. III. -Archives created by the persons referred to in art. 1 1 of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law, and taken into custody by legal persons, based on the agreement of the National Archives, until the date of entry into force of this law, remain in the custody those legal entities. Art. IV. -(1) In the case of the creators of documents abolished on the date of entry into force of this Law *) and whose archive exists, the documents with historical value within the meaning of the provisions art. 2 2 of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law, shall be taken over by the National Archives or by the county services/Bucharest Municipality Service of the National Archives, as the case may be, and the documents with practical value, on the basis of which copies, certificates and extracts of rights relating to the social security contributions of citizens are issued, shall be surrendered, on the basis of a contract, to economic operators authorised in the provision of archival services. (2) In the case of the creators of documents abolished on the date of entry into force of this Law *), the documents of which are in custody or in custody in natural or legal persons, including the territorial pension houses, the financing of the transfer the archive to an economic operator authorized to provide archival services will be made from the budget of the authorized operator of archival services. (3) For the situation referred to in par. ((1), the provisions art. 18 18 para. ((5) and (6) of Law no. 16/1996 , with subsequent amendments and completions, as well as those brought by this law, shall apply accordingly. " ----- Note * *) Law no. 138/2013 entered into force on 10 May 2013. Note **) Become art. 22 22 para. (2) in the republished form of Law no. 16/1996 ,, by renumbering. -----