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Law No. 157 Of 14 May 2004 On The Establishment Of A Stock Exchange Of "government" For The Training Of Managers In The Public Sector

Original Language Title:  LEGE nr. 157 din 14 mai 2004 privind instituirea bursei speciale "Guvernul României" pentru formarea managerilor din sectorul public

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LEGE no. 157 157 of 14 May 2004 (* updated *) on the establishment of the special scholarship "Romanian Government" for the training of public sector managers ((updated until 3 September 2009 *)
ISSUER PARLIAMENT




---------------- *) The updated form of this normative act until September 3, 2009 is made by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: EMERGENCY ORDINANCE no. 56 56 of 25 June 2004 ; ORDINANCE no. 27 27 of 29 August 2009 . The content of this act is not an official document, being intended to inform users **) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((2) art. 3 of EMERGENCY ORDINANCE no. 56 56 of 25 June 2004 , published in MONITORUL OFFICIAL no. 590 of 1 July 2004, the name of the Commission for the special scholarship "Government of Romania", Law no. 157/2004 on the establishment of the special scholarship "Government of Romania" for the training of managers in the public sector, is amended and replaced, in all normative acts in force, with the name of the Commission for public managers. By JUDGMENT no. 51 51 of 29 January 2009 , published in MONITORUL OFFICIAL no. 64 of February 3, 2009 was ordered the organization and functioning of the Ministry of Education, Research and Innovation. Replacing the name of this ministry was carried out directly in the text of the updated form. The Romanian Parliament adopts this law + Article 1 The special scholarship "Government of Romania" is established, for the purpose of training managers who undertake to carry out liability activities within public institutions, autonomous regions, economic agents with majority state capital or within international structures or bodies, as the representative of the Romanian State. The special scholarship "Government of Romania" is established starting with the academic year 2005-2006. + Article 2 The special scholarship "Government of Romania", hereinafter referred to as the scholarship, is granted to young people, hereinafter referred to as beneficiaries, who qualify as a result of a national competition and who are accepted to studies by prestigious, accredited or recognized in the states of the European Union and of the European Economic Area, the United States of America or in other relevant states from the perspective of Romania's participation in European and Euro-Atlantic structures. + Article 3 (1) The Commission shall be established for public managers, hereinafter referred to as the Commission, with powers to organise the national competition, the selection and distribution of beneficiaries. -------------- Alin. ((1) of art. 3 was amended by para. ((2) art. 3 of EMERGENCY ORDINANCE no. 56 56 of 25 June 2004 , published in MONITORUL OFFICIAL no. 590 of 1 July 2004, by replacing the name ' Commission for special scholarship < > > ", with the name" Commission for Public Managers ". (2) The structure, composition, tasks, organization and functioning of the Commission shall be established by the methodological norms for the application of this law (3) The Commission shall be composed of representatives of the public institutions concerned, of the academic environment, of the non-governmental sector, of the business environment and of the banking environment, and of international institutions or bodies. (. The Secretariat of the Commission shall be provided by the Ministry of Education, Research and Innovation. + Article 4 ((1) Scholarships shall be awarded on the basis of the results of the national competition, assessing the ability of academic performance of candidates, as well as their option to serve in the public sector. (2) The national competition shall be organized annually, and the results shall be brought to public knowledge by November of the year before the beginning of the academic year for which the scholarships are awarded. ((3) The selection of candidates for scholarships shall be made by the Commission. (4) The method of organization of the national contest and the evaluation methods shall be established by the methodological norms for the application of this law. + Article 5 (1) The scholarship shall be granted for studies in the fields set out in the Annex which is an integral part of this Law, as follows: a) university studies, for the minimum period necessary to graduate and obtain the diploma, according to the educational institution, but not more than 5 years; b) studies during the minimum period necessary to complete the master's courses, according to the educational institution, but not more than 2 years; c) doctoral studies for a period that may not exceed 4 years. (2) The scholarship is granted to a person only once in life and only for carrying out one of the forms of study provided in par. ((1). + Article 6 (1) The scholarship shall be granted within the limits of the funds allocated annually with this destination in the budget of the Ministry of Education, Research (2) The funds provided in par. (1) will ensure both the coverage of the necessary amounts for the continuation of scholarships granted in previous years, under the conditions of this law, and for the granting of new scholarships. (3) New scholarships shall be awarded according to the criteria established by the methodological norms for the application of this law, after giving priority to scholarships for the continuation of studies by beneficiaries who have been accepted in previous years. + Article 7 By decision of the Government, at the proposal of the Ministry of Education, Research and Innovation and the Ministry of Foreign Affairs, shall be established, with a calendar year before the beginning of the academic year for which the scholarships a) the allocated funds, in compliance with art. 6 6 para. ((2); b) the specializations for which scholarships are awarded; c) the categories of expenses to be borne from the stock exchange d) the amount of the scholarship, differentiated according to the country and the higher education institution. + Article 8 (1) The scholarship is granted on behalf of the Romanian Government, and the conduct of the operations related to the scholarship is carried out by the Ministry of Education, Research and Innovation, through the National Center for Scholarships of Foreign Studies, as a partner of implementation, which is a public institution, with legal personality, specialized body, according to the provisions Government Decision no. 51/2009 on the organization and functioning of the Ministry of Education, Research and Innovation (2) The amounts related to the scholarship program, including the advance, are allocated to the National Center for Scholarships of Studies abroad, as an implementing partner, under the law. (3) The commissions and other expenses incurred by the Ministry of Education, Research and Innovation through the National Center for Foreign Studies Scholarships, as an implementing partner, as a result of the operations determined by the granting of the scholarship, shall be included in the budget of the program and shall be borne from the amounts allocated from the (4) On the basis of the contract concluded with the Ministry of Education, Research and Innovation, the National Center for Foreign Studies Scholarships, as an implementing partner, performs the operations of receipts and payments related to the exchange, conclude contracts with the beneficiaries, aims to carry out the contractual provisions, including on their performance, after the completion of studies, activity within public institutions, autonomous regions, economic operators with majority state capital and structures and bodies international. ------------- Article 8 has been amended by art. I of ORDINANCE no. 27 27 of 29 August 2009 , published in MONITORUL OFFICIAL no. 602 602 of 31 August 2009. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. II of ORDINANCE no. 27 27 of 29 August 2009 , published in MONITORUL OFFICIAL no. 602 of August 31, 2009, the National Center for Foreign Studies Scholarships takes over, through the effect of this ordinance, the rights and obligations, including the procedural ones deriving from the law and from the ongoing contracts concluded by the partner initially implementation "Implementation Unit-PUND-Branch Romania", the staff within it who expressed their agreement to be taken over within the center, with the maximum number of approved posts. The effective takeover of the personnel, of the ongoing contracts, of the patrimonial assets of active and passive shall be carried out on the basis of the protocol of delivery-receipt, within 45 days from the date of entry into force of this ordinance. + Article 9 The scholarship is paid from the funds provided in the state budget, at the beginning of each university period quarter, semester-, based on the pro forma invoices issued by the accepting educational institutions. + Article 10 Beneficiaries conclude with the implementing partner a contract, the model of which is established by the methodological norms for the application of this law. By contract the beneficiaries undertake: a) maintain throughout the studies a minimum level of performance equivalent to the rating "Good"; b) to return to the country, at the end of the scholarship, and to carry out activity a minimum period, established according to the duration of the studies and the amount of the scholarship, by decision of the Government, within a public institution, of autonomous regions and agents economic with majority state capital or in international structures or bodies, as representative of the Romanian state. + Article 11 (1) In case of non-compliance with the contractual clauses, the beneficiary shall return to the implementing partner the amounts granted, as well as the penalties and interest established by the contract (2) In turn, the implementing partner shall turn to the Ministry of Education, Research and Innovation, in order to return to the state budget, the funds related to the obligations disrespected by the beneficiaries and recovered from them. ((3) For the case of non-execution by the scholarship beneficiary of the obligations provided for in the contract concluded with the implementing partner, together with the beneficiary, 3 guarantors shall be jointly obliged, upon the monthly payment of 50% of the net income up to the amount total granted from the state budget, as well as the penalties and interest rates established by the contract. No guarantors can be accepted whose income is below the level of the average salary on the economy. + Article 12 The Ministry of Education, Research and Innovation together with the Ministry of Foreign Affairs communicates to consular offices and diplomatic representations of Romania abroad, as well as to foreign universities accepting the nominal list of beneficiaries the exchange, as well as the conditions for granting it. + Article 13 (1) Public institutions, autonomous regions, economic agents and international structures or bodies referred to in art. 10 lit. b), in which the beneficiaries may carry out their activity, are established by the methodological norms for the application of this law. ((2) Incadence on vacancies from public institutions, autonomous regions, economic agents and international structures or bodies referred to in par. (1) shall be made by way of derogation from the legal provisions relating to the post, on the basis of competition or examination, applicable to civil servants and contract staff. By way of derogation from the same provisions, the Government will frame the beneficiaries in positions of management or liability, provided that the performance criteria set out in the job description are met. (3) The existing vacancies at public institutions, autonomous regions, economic agents and international structures or bodies referred to in par. (1) shall be requested by the National Agency of Public Servants, the National Employment Agency, respectively by the Ministry of Foreign Affairs, shall be centralized and transmitted to the Ministry of Education, Research and Innovation to be made available to the Commission. ((4) The distribution of beneficiaries shall be made by the Commission according to existing vacancies at public institutions, autonomous regions, economic agents and international structures or bodies referred to in par. (1), based on the options formulated by the beneficiaries and the acquired specializations, according to a procedure established by the methodological norms for the application of this law. + Article 14 Within 60 days from the date of entry into force of this law, the Ministry of Education, Research and Innovation and the Ministry of Foreign Affairs will submit for adoption to the Government the draft decision for the approval of the methodological norms of the application of this law, establishing: a) the structure, composition, tasks, organisation and functioning of the Commission b) the methodology for organizing and conducting the national competition; c) funds allocated to this scholarship; d) the maximum amount of the scholarship, depending on the country and the educational institution; e) the model of the contract ending between the beneficiary and the implementing partner acting on behalf of the Government; f) public institutions, autonomous regions, economic agents and international structures or bodies referred to in art. 10 lit. b), in which the beneficiaries will carry out their activity, and the period during which they will operate; g) the distribution procedure provided for in art. 13 13 para. ((4). This law was adopted by the Senate at its meeting on March 11, 2004, in compliance with the provisions of art 76 76 para. (2) of the Romanian Constitution, republished. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at its meeting on April 27, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, May 14, 2004. No. 157. + Annex AREAS for which the special scholarship "Government of Romania" is awarded A. Areas for which the special scholarship "Government of Romania" for university and master studies is awarded 1. Economics (management, finance, etc.) 2. Right *) 3. European Studies *) 4. Public relations, communication 5. Public Administration 6. Diplomacy, political studies, international relations 7. Engineering: energy, environmental protection, chemistry or petrochemicals, economic engineering, construction, transport, industrial engineering or production, information technology, communications 8. Education 9. Agriculture, agronomy 10. National Defence, Public Order 11. Sociology. B. Areas for which the special scholarship "Government of Romania" for doctoral studies is awarded 1. Economy 2. Law 3. European Studies *) 4. Public Administration 5. Diplomacy, political studies, international relations 6. National defense, public order. ________ * *) Only in the universities of the Member States of the European Union and the European Economic Area. -----