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Law No. 43 Of 17 March 2004 Amending And Supplementing Law No. 184/2001 On The Organization And The Profession Of Architect

Original Language Title:  LEGE nr. 43 din 17 martie 2004 pentru modificarea şi completarea Legii nr. 184/2001 privind organizarea şi exercitarea profesiei de arhitect

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LEGE no. 43 43 of 17 March 2004 to amend and supplement Law no. 184/2001 on the organisation and exercise of the architectural profession
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 252 252 of 23 March 2004



The Romanian Parliament adopts this law + Article I Law no. 184/2001 on the organization and exercise of the profession of architect, published in the Official Gazette of Romania, Part I, no. 195 of 18 April 2001, as amended, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1-The present law regulates the way of exercising the profession of architect and the constitution of the Order of Architects of Romania, as a form of independent organization, non-profit, autonomous, apolitical and of public interest. " 2. Paragraph 2 of Article 3 shall be repealed. 3. Article 4 shall read as follows: "" Art. 4-The title of architect graduated with the bachelor's degree or other similar document issued by the higher education institutions of architecture recognized by the Romanian state. " 4. After Article 4, Articles 4 ^ 1 and 4 ^ 2 are inserted with the following contents: "" Art. 4 ^ 1-(1) Gate the title of architect and citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and Swiss citizens graduates with a bachelor's degree or other similar document issued by an institution of higher education of architecture recognized in one of the above states. (2) He carries the title of architect and graduate with a bachelor's degree or other similar document obtained in social programs or as a result of the graduation of higher classes without frequency in the field of architecture by persons who have acquired the required minimum level of knowledge, although the conditions relating to the minimum duration of the studies have not been met. These persons must have a professional experience of at least 7 years under the guidance of an architect with the right of signature or an architectural firm and to pass a standard graduation exam of university level, equivalent to the exam final for obtaining the bachelor's degree or other similar document according to the provisions of par. ((1). ((3) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and Swiss citizens are entitled to the use of their academic legal title and, where appropriate, to the abbreviation used in the State of origin, in that state's language. ((4) Citizens of a Member State of the European Union, citizens of the Member States of the European Economic Area and Swiss citizens authorised to bear the title of an architect as a result of a special legislative act of that State empowering the competent authorities to confer this title to personalities who have distinguished themselves by achievements in the field of architecture will be able to use this title in Romania. Art. 4 ^ 2-The Government Decision establishes the conditions under which the awarding of the title of architect to the citizens of the Member States of the European Union, the citizens of the Member States of the European Economic Area and the Swiss citizens automatically, as well as the necessary procedure in these cases. " 5. Paragraph 1 of Article 5 shall read as follows: "" Art. 5-(1) The activity of the architect in the fields of architecture, urbanism and spatial planning consists of: a) design, counseling, technical assistance and supervision of construction works, restoration of monuments, landscaping, design, interior design and decoration, scenography and other such activities; b) study, research, planning, counseling and specific regulation in the fields of architecture, urbanism, spatial planning, construction, use of building materials and specific technologies; c) verification, approval, approval, control and technical expertise of architectural projects. " 6. Article 6 shall read as follows: "" Art. 6-The exercise of the architectural profession is done both in the private sector and in the public sector, according to the legal provisions. " 7. Paragraph 1 of Article 7 shall read as follows: "" Art. 7-(1) The right of signature implies the assumption by the person who exercises the entire professional responsibility towards the customer and the public authorities regarding the quality of the proposed solutions, in compliance with the legislation in the field. " 8. in Article 7, after paragraph 2, paragraph 3 is inserted as follows: "" (3) The exercise of the right of signature implies independence in the making of decisions of a professional nature. 9. Article 8 shall read as follows: "" Art. 8-(1) The architectural projects for the materialization of which the law requires obtaining the building permit will be developed by an architect with the right of signature or a conductor architect with the right of signature. (2) The architect and the architect shall acquire the right of signature, awarded by the Order of Architects of Romania, if they meet the conditions of honorability and professional internship. The acquisition of the right of signature entails their registration in the National Painting of Architects. (3) The honorability condition provided in par. ((2) shall be deemed to have been fulfilled: a) if the applicant architect of the right of signature was not permanently or temporarily prohibited from exercising the profession by final court decision, as a complementary punishment for the commission of a crime in connection with the exercise profession; b) if the applicant architect of the right of signature did not commit disciplinary violations that were sanctioned by the Order of Architects of Romania with the definitive withdrawal of the right of signature, according to the present law. (4) The right of signature of the architects is exercised on the territory of Romania and is limited to the categories of works for which the law recognizes this right. (5) The acquisition of the right of signature is based on a request addressed to the Order of Architects of Romania, accompanied by the copy of the diploma referred to in art. 4, respectively in art. 4 ^ 1, criminal record and proof of professional internship, together with the portfolio including the works to which the applicant collaborated during the internship period. ((6) The procedure for granting the right of signature must be completed within a maximum of 3 months from the date of submission of the complete documentation by the applicant. " 10. After Article 8, Articles 8 ^ 1 and 8 ^ 2 are inserted with the following contents: "" Art. 8 8 ^ 1-(1) Citizens of a Member State of the European Union, citizens of the Member States of the European Economic Area and Swiss citizens who request the establishment in Romania and meet the conditions provided for in art. 4 ^ 1 or 4 ^ 2 regarding the holding of the title of architect will acquire right of signature under the same conditions as Romanian citizens, in compliance with the provisions of art. 8. ((2) Architects citizens of a Member State of the European Union, those of the Member States of the European Economic Area and Swiss citizens who have the right to exercise the profession of architect in one of those States and do not require the establishment of Romania, but only the right to temporarily provide services in the field of architecture on the territory of Romania will acquire the right of signature by automatic and temporary registration to the Order of Architects of Romania, with the same rights and obligations on the period of service provision. The documents required to register in this case are a) declaration on the services to be provided, if they involve the execution of projects on the territory of Romania; b) certificate issued by the competent authority of the state of origin, stating the right of the applicant to exercise the profession of architect on its territory; this certificate must be submitted no later than 12 months from the date of issue its by the competent authority of the State of origin; c) certificate issued by the competent authority of the State of origin, stating that the applicant holds those diplomas or other evidence of professional qualification fulfilling the criteria of European legislation in the field. (3) The Order of Architects of Romania will accept as proof of honorability a document issued to the citizen of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation by the competent authority of the State of its origin; this document must be submitted no later than 3 months after the date of its release by the competent authority of the State of origin. (4) For the acquisition of the right of signature, citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area or Swiss citizens will present a certificate issued by the competent authority of the the provenance, which certifies that an appropriate period of internship or appropriate professional experience with a duration equivalent to the internship in that State and which confers them the same rights as the Romanian citizens who have carried out Internship. (5) The Order of Architects of Romania will provide interested persons with information regarding the specific national legislation and the Code of Ethics of the architectural profession. Art. 8 ^ 2-Conditions in which the architects citizens of other states outside those referred to in art. 4 ^ 1 can acquire the right of signature in Romania and ask for registration in the National Painting of Architects will be established, under conditions of reciprocity, by conventions concluded by the Romanian state with the respective states. " 11. Article 9 shall read as follows: "" Art. 9-(1) In order to acquire the right of signature the graduate architect, according to the provisions of art. 4, can carry out his professional activity as a trainee for a period of 2 years, under the law, under the guidance of an architect with a right of signature. (2) After the completion of the internship period provided in par. (1), trainee architects may receive the right of signature under the conditions of art. 8 8 or art. 8 8 ^ 1, as appropriate. (3) For graduates of architecture with a master's degree or doctor in the field, the duration of the internship is reduced to one year. " 12. Article 10 shall read as follows: "" Art. 10-Trainee architects may sign their own studies, plans and projects during the internship period, which do not involve the issuance of a building permit. " 13 paragraphs 1, 2 and 4 of Article 13 shall read as follows: "" Art. 13-(1) The right of signature may be exercised within the individual offices, associated offices, design companies or other forms of association constituted according to the law. (2) Regardless of the forms of exercising the profession specified in par. (1), architects with the right of signature can acquire the quality of general designer. ....................................................................................... (4) Legal persons referred to in par. ((1), which do not have within the staff an architect with the right of signature and who carry out design activities, have the obligation that, in order to prepare urban planning documentation and architecture projects subject to approval or authorization, use on a contractual basis the services of a signature architect. " 14 paragraphs 1 and 3 of Article 14 shall read as follows: "" Art. 14-(1) The method of exercising the profession shall be declared by the architect and shall be registered with the Order of Architects of Romania. ....................................................................................... ((. The contractual relations shall be established between the individual office and the customer or, in the case of the associated offices, such relations shall be established between one of the individual offices involved and the customer. " 15. Article 15 shall be repealed. 16. In Article 16, letter c) shall read as follows: " c) to benefit, for the services provided in the contractual relations that are established with the customer, by a fee freely negotiated with him. The Order of Architects in Romania, with the opinion of the Ministry of Transport, Construction and Tourism and the Ministry of Culture and Religious Affairs, establishes the list of reference fees, which will be made available to any customer; " 17 17. Letters b) and f) of Article 17 shall read as follows: " b) to observe the Code of Ethics of the Architectural Profession and the Regulation of the Order of Architects of Romania; ........................................................................................ f) to serve the interests of the customer in accordance with the public interest and professional requirements; " 18. In Article 18, letter b) shall read as follows: "b) after 6 months, in case of non-payment without justification of the annual contributions to the Order of Architects of Romania, until their full payment;" 19. Paragraph 2 of Article 19 shall read as follows: "(2) The cessation of the right of signature attracts the loss of membership of the Order of Architects of Romania and the deletion from the National Painting of Architects." 20. The title of Section 1 of Chapter III shall read as follows: "" SECTION 1 The duties and organization of the Order of Architects in Romania " 21. In Article 20, paragraphs 1, 3 and 5 shall read as follows: "" Art. 20-(1) The Order of Architects of Romania, hereinafter referred to as the Order, shall be established under the law as a professional organization, non-profit, with legal personality of private law, apolitical, of public interest, with its own patrimony and budget, autonomous and independent. The order is intended to represent and protect, at national and international level, the interests of the profession of architect. ....................................................................................... (3) Of the Order includes architects and conductors architects with or without right of signature, urban planners without right of signature or to whom it was granted, under the law, the right of signature similar to architects, trainees and any holder of the title of architect, at their request. ....................................................................................... (5) The Order has the obligation to publish annually, in the Official Gazette of Romania, Part I, the National Painting of Architects, the Regulation of the Order of Architects of Romania, the deontological code of the architectural profession and the list of reference fees. " 22. In Article 21, letter e) of paragraph (1) shall read as follows: "" e) grant to architects the right of signature and manage the National Painting of Architects. " 23. Article 23, point b) of paragraph 1 and paragraph 2 shall read as follows: " b) the National Council; ....................................................................................... (2) Persons elected to the National Council, to the College of Directors or as President of the Order have a 4-year term. They may not exercise more than two consecutive terms. " 24. Article 24 shall read as follows: "" Art. 24-The National Conference of the Order is made up of delegated members, with the right of proportional representation, of territorial branches. The territorial branch will ensure the participation in the National Conference of the Order at least of a representative of each county included in the branch. " 25. In Article 25, letter d) of paragraph (1) shall read as follows: "d) elect and revoke members of the National Council of the Order;" 26. Article 25, points f) and h) of paragraph 1 shall be repealed. 27. in Article 25, letter i) of paragraph 1 and paragraph 2 shall read as follows: "" i) approve the value of the reference fees and the single annual contributions for the categories of members of the Order, as the case may be. (2) The National Conference of the Order is legally constituted at the first convocation in the presence of at least two thirds of the number of delegates, and the decisions shall be adopted by the majority of the members present. If at the first convocation the condition of presence is not fulfilled, at the second convocation, after at least two weeks, the National Conference is legally constituted in the presence of the majority of members and adopts decisions with the majority of the members present. 28. Article 26 shall read as follows: "" Art. 26 26-(1) Between the meetings of the National Conference, the activity of the Order will be coordinated by the National Council, with two thirds of its members having to be architects with the right of signature. (2) The composition of the National Council will ensure proportional representativeness of members of territorial branches. ((3) Each territorial branch shall determine by its own decision the candidates proposed for the National Council. " 29. Paragraph 2 of Article 28 shall read as follows: " (2) The College of Directors shall be elected by the majority of the members of the 30 paragraphs 1, 2 and 3 of Article 31 shall read as follows: "" Art. 31 31-(1) At the level of the counties with at least 50 members, as well as in the city of Bucharest will be established by free association territorial branches of the Order, bringing together the architects domiciled in the territorial area of the county. (2) If in a county there are a number of less than 50 members, territorial branches will be established by the association of architects with domiciles in bordering counties, until their number reaches a minimum of 50 members. (3) Within a county or in an area consisting of two or more bordering counties, as well as in Bucharest, a single branch of the Order can be established. " 31. Article 33 (2) and (3) shall be repealed. 32 paragraphs 4 and 5 of Article 33 shall read as follows: " (4) The National Painting of Architects will include architects with the right of signature and conductors architects with the right of signature and will be organized on specializations. ((5) Registration in the National Picture of Architects allows the exercise of the profession throughout the country. " 33. in Article 35, points e) and f) of paragraph 2 shall be repealed. 34. Paragraph 4 of Article 35 shall read as follows: " (4) The sanctions provided in par. ((2) lit. c) and d) shall apply to the National Council of the Order, to the proposals of the territorial discipline commissions, based on the decision of the national discipline commission. " 35. in Article 35, after paragraph 6, paragraph 7 is inserted as follows: "" (7) Under the conditions of non-commencement of the procedure for the judgment of misconduct, the application of sanctions shall be prescribed within 2 years of their commission. " 36. Paragraph 1 of Article 39 shall be repealed. 37. Paragraph 4 of Article 40 shall read as follows: " (4) Architect technicians, graduates of the Technical School of Architecture and Construction of Cities-STACO-until 1973 inclusive, with a professional practice of at least 7 years, who, by completing their studies, acquire the diploma of conductor architect, will receive the right of signature without performing another period of professional practice. " 38. Article 45 shall read as follows: "" Art. 45-In the case of tenders and competitions of solutions in the field of architecture and urbanism, at least one third of the number of members of the evaluation committee or of the jury must be architects with the right of signature, of which a representative of the Order and a representative of an institution of higher education of architecture accredited by the Romanian state. " 39. After Article 46, Articles 46 ^ 1 and 46 ^ 2 shall be inserted as follows: "" Art. 46 ^ 1-Within 3 months *) from the entry into force of the provisions of this law, the Government will approve the methodological norms for its application, which will include: _________ Note *) The term of 3 months flows from the date of publication of Law no. 43/2004 in the Official Gazette of Romania, Part I, no. 252 252 of 23 March 2004. a) the methodology for the automatic recognition of bachelor's degrees and other similar documents issued by architectural higher education institutions, recognized by the Romanian state or by the Member States of the European Union, the Member States of The European Economic Area and the Swiss Confederation; b) the methodology and institutions competent for issuing the documents necessary to obtain the right of signature in accordance with the provisions of 8 8 and 8 ^ 1; c) the authority empowered to issue the necessary documents to the Romanian citizens who wish to exercise the profession in the Member States of the European Union, in the Member States of the European Economic Area or in the Swiss Confederation. Art. 46 ^ 2-(1) Provisions of art. 4, 4 ^ 1 and 8 ^ 1, as well as those referring to them apply to citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and Swiss citizens from the date of Romania's accession to the Union European. (2) Until the date of accession of Romania to the European Union, citizens of the Member States of the European Union, citizens of the European Economic Area and Swiss citizens will be recognized professional qualifications by equating studies, according to law. " + Article II Law no. 184/2001 , as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was passed by the Senate at the meeting of February 23, 2004, in compliance with the provisions of art 76 76 para. (1) of the Romanian Constitution, republished. p. SENATE PRESIDENT, GHEORGHE BUZATU This law was adopted by the Chamber of Deputies at its meeting on February 24, 2004, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, March 17, 2004. No. 43. -------