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Law No. 184 Of 12 April 2001 (Republished) Concerning The Organisation And Exercise Of The Profession Of Architect *)

Original Language Title:  LEGE nr. 184 din 12 aprilie 2001 (*republicată*) privind organizarea şi exercitarea profesiei de arhitect*)

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LEGE no. 184 184 of 12 April 2001 (** republished) (* updated *) on the organisation and exercise of the profession of architect * *) ((updated until 1 February 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. II of Law no. 64/2014 to amend and supplement Law no. 184/2001 on the organization and exercise of the profession of architect, published in the Official Gazette of Romania, Part I, no. 355 355 of 14 May 2014, giving the texts a new numbering.
Law no. 184/2001 was republished in the Official Gazette of Romania, Part I, no. 771 771 of 23 August 2004 and has been amended and supplemented by:
- Law no. 172/2010 to amend and supplement Law no. 184/2001 on the organization and exercise of the profession of architect, published in the Official Gazette of Romania, Part I, no. 513 513 of 23 July 2010;
- Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, as amended;
- Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 606 606 of 23 August 2012, approved by Law no. 206/2012 , published in the Official Gazette of Romania, Part I, no. 762 762 of 13 November 2012;
- 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 of 1 March 2013, as amended;
- Government Emergency Ordinance no. 4/2013 on the amendment Law no. 76/2012 for the implementation of Law no. 134/2010 on the Civil Procedure Code, as well as for the modification and completion of some related normative acts, published in the Official Gazette of Romania, Part I, no. 68 68 of 31 January 2013, approved with amendments and additions by Law no. 214/2013 , published in the Official Gazette of Romania, Part I, no. 388 388 of 28 June 2013;
- Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 89 89 of 12 February 2013.
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+ Chapter I General provisions + Article 1 This 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. + Article 2 (1) Activity in the field of architecture is an act of culture of public interest, with urban, economic, social and ecological implications. (2) The architectural creation is meant to organize functionally and aesthetically the built space, having the obligation to harmoniously insert it into the environment, in the respect of natural landscapes and real estate heritage. + Article 3 According to the law, civil, industrial, agricultural or any other constructions can be carried out only in compliance with the building permit, based on the regulations on the design and execution of constructions. + Article 4 (1) He carries the title of architect the graduate with diploma or other equivalent document issued by the higher education institutions of architecture recognized by the Romanian state, which meet the mandatory minimum criteria for authorization and accreditation for the program of architectural studies in the field of architecture, set out in Annex no. 3 to Government Decision no. 469/2015 for the approval of the mandatory minimum criteria for authorization and accreditation for the degree programs of Medicine, Dental Medicine, Pharmacy, General Medical Assistance, Midwives, Veterinary Medicine, Architecture. (2) It is forbidden to use the title of architect by persons who do not hold this professional qualification on the basis of an official qualification title. (3) He carries the title of interior architect with the diploma of interior architect obtained in the specialization of interior architecture at an accredited institution of higher education in Romania. ---------- Article 4 has been amended by section 4. 1 1 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 5 (1) The title of architect and citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area, as well as the citizens of the Swiss Confederation, graduates with a bachelor's degree or other equivalent document issued by the institutions of higher education of architecture recognised in one of the said States and fulfilling the minimum training conditions for the profession of architect provided for in the legislation of the State of origin, in compliance Art. 46 46 of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications published in the Official Journal of the European Union, L series, no. 255 255 of 30 September 2005, hereinafter referred to as Directive 2005 /36/EC . ---------- Alin. ((1) of art. 5 5 has been amended by section 2 2 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (2) The title of architect and alumni, citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and citizens of the Swiss Confederation, with a bachelor's degree or other equivalent document obtained in social programmes or as a result of the completion of higher rates of partial architecture in the field of architecture and which have acquired the required minimum level of knowledge, although the conditions relating to the minimum duration of the studies provided for in the legislation of the State of origin, in compliance with 46 46 para. ((2) of Directive 2005 /36/EC . These persons must have a professional experience of at least 7 years under the guidance of an architect with a right of signature or other equivalent right or an architectural firm and to pass a university-level graduation exam, equivalent to the final examination for obtaining the diploma or other equivalent document, in compliance with the provisions of art. 46 46 para. ((1) lit. b) of Directive 2005 /36/EC . ---------- Alin. ((2) of art. 5 5 has been amended by section 2 2 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. ((3) The citizens of the Member States of the European Union, the citizens of the Member States of the European Economic Area and the citizens of the Swiss Confederation are entitled to the use of the academic legal title held, of the one acquired professional from the Member State of origin and, where applicable, the abbreviation used in the Member State of origin in the language of that State. ((4) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and citizens of the Swiss Confederation authorised to act as an architect on the basis of a legislative act of that Member State, by which the competent authorities give this title to the personalities who have distinguished themselves by achievements in the field of architecture, may use this title in Romania. + Article 6 (1) The Order of Architects of Romania is the competent authority for the recognition of formal qualifications in the profession of architect, for citizens of the Member States of the European Union, citizens of the Member States of the Economic Area European and citizens of the Swiss Confederation. (2) Official qualifications in the profession of architect of the citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and of the citizens of the Swiss Confederation shall be subject to the recognition in order to exercise the profession of architect on the territory of Romania, approved by Government decision. (3) By exception to the provisions of par. (2), the general arrangements for recognition of professional qualifications provided for by Law no. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, with subsequent amendments and completions, shall apply to the profession of architect, under the conditions laid down in art. 1 1 para. ((4) of Law no. 200/2004 , with subsequent amendments and completions. + Article 7 (1) The official qualification titles in the profession of interior architect obtained in the Member States of the European Union, the European Economic Area or in the Swiss Confederation are recognized by the Order of Architects of Romania, according to the provisions of Law no. 200/2004 , with subsequent amendments and completions. (2) The official qualification titles in the profession of interior architect obtained in third states are recognized by the Ministry of National Education, in accordance with the legal provisions in force. + Article 8 (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. (2) The practice of architecture is a complex act of technical and aesthetic creation and service delivery, which is carried out through the preparation of projects, the coordination of studies and related documentation prepared by other specialists, studies, themes and research programs, design and competitions, technical documentation, layouts, surveys and other such activities. + Chapter II Exercising the profession of architect + Section 1 Acquisition and exercise of the right of signature + Article 9 The exercise of the profession of architect is done both in the private sector and in the public sector, according to the legal provisions. + Article 10 (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. (2) The right of signature shall be exercised, with a clear indication of the name, surname and number of registration in the National Picture of Architects, on all the documentation elaborated within all the design and authorization phases, including during the execution and at the reception of the works. (3) The exercise of the right of signature implies independence in making decisions of a professional nature. + Article 11 (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. Interior architecture projects for the materialization of which the law requires obtaining the building permit can also be signed by an interior architect with a right of signature. ((2) The architects acquire the signature granted by the Order of Architects of Romania, under the law, if they have the full exercise of civil rights, if they meet the conditions of honorability and internship or, as the case may be, experience professional practice, provided by this Law and by the Directive. Obtaining the right of signature by architects obliges their registration in the National Painting of Architects, under the law. (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 and interior architects shall be exercised on the territory of Romania and shall be 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 official qualification title and the certificate on the acquisition of practical professional experience, together with a portfolio comprising the work on which the applicant collaborated during the internship period. (6) The assessment of the relevant knowledge, skills and professional experience is made by a commission made up of architects with the right of signature, appointed by the National Council, according to the provisions of the Regulation of the Order of Architects of Romania. (7) 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. + Article 12 ((1) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and the citizens of the Swiss Confederation who request the establishment in Romania and meet the conditions laid down in 5 5 and 6 regarding the holding of the title of qualification and the exercise of the profession of architect and having the right of signature on the territory of one of these states or an equivalent right will acquire the right of signature on the territory of Romania automatic recognition of this right. ((2) Citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area and the citizens of the Swiss Confederation who request the establishment in Romania and meet the conditions laid down in 5 5 and 6 relating to the holding of the title of qualification and the exercise of the profession of architect and who have no right of signature or other equivalent right obtained in the territory of one of these states will acquire, on request, the right of signature on the territory Romania, under the same conditions as Romanian citizens. ((3) Architects citizens of the Member States of the European Union, those of the Member States of the European Economic Area and the citizens of the Swiss Confederation having the right to exercise the profession of architect with the right of signature or other equivalent right in one of these states and which request the right to temporarily or occasionally provide services in the field of architecture on the territory of Romania, without requesting the establishment in Romania, will acquire the right of signature without being enrolled in the National of Architects and will be automatically registered in the Order of Architects of Romania, on the duration of the service. (4) The documents necessary for the registration, at the first provision of services in the field of architecture or in case of changes in the situation compared to the original one, retained in the documents, in the case of temporary or occasional benefits, are: a) a written prior declaration stating the insurance or other means of personal or collective protection regarding the professional responsibility of which the applicant benefits in Romania; b) copy of the document certifying c) the document issued by the Member State of establishment of the applicant, certifying that, at the time of its release, the holder is legally established in that State and that the exercise of the activities of architect; d) copies of diplomas, certificates or other formal qualifications in the profession of architect. (5) The declaration provided in par. ((4) lit. a) it is renewed once a year, if the provider envisages exercising his profession as a temporary or occasional architect, during that year, or in the event of a change in his/her situation from the original one. (6) The temporary and occasional nature of the provision of services in the field of architecture shall be verified, on a case-by-case basis, in particular according to the duration of the provision, frequency, periodicity and continuity thereof, by the Order of Architects of Romania. (7) 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. ((8) The citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area or citizens of the Swiss Confederation exercising their profession on the territory of Romania shall be subject to the rules and procedures regarding the use of professional title, professional, deontological and disciplinary rules applicable to the profession, in accordance with the provisions of this law. (9) 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. + Article 12 ^ 1 (1) For the recognition of the qualification of architect or of the right of signature on the territory of Romania, the Order of Architects of Romania shall ensure that all requirements, procedures and formalities related to access to matters covered by this Law can be carried out remotely and by electronic means, under the legislation in force, and shall also inform by electronic means of all requirements, procedures and formalities regarding access to regulated aspects of Architectural profession in Romania. (2) Provisions of para. ((1) shall not apply to professional traineeships or to the procedures for assessing the relevant professional knowledge, skills and experience. ---------- Article 12 ^ 1 was introduced by item 1. 3 3 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 12 ^ 2 (1) If there are justified doubts, the Order of Architects of Romania may request the competent authorities of the Member States of establishment to provide any information relevant to the legality of the establishment and the good conduct of the service provider, as well as the absence of professional disciplinary or criminal sanctions. If the Order of Architects of Romania decides to verify the professional qualifications of the architectural service provider, it may request information on the completed training courses to the extent necessary to assess the differences significant that may have adverse effects on public health or safety. The exchange of information complies with the legal provisions in force regarding the protection of personal data from Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions, and from Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, with subsequent amendments and completions. (2) The Order of Architects of Romania, as competent authority, shall carry out the exchange of information on disciplinary or criminal sanctions of a professional nature against the members of the architects, in compliance with the data of the staff, by alert within the Internal Market Information System-IMI, at the latest within 3 days from the date of adoption of the decision to restrict or prohibit, in whole or in part the exercise of the profession of architect or the right of signature. This information shall be limited to the identity of the person, profession concerned, information on the authority or court which has adopted the decision on restriction or prohibition, the scope of the restriction and the period during which the apply the restriction or prohibition. ---------- Article 12 ^ 2 was introduced by the section 3 3 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 13 The conditions under which the owners of official qualifications in the profession of architect, who are citizens of other states outside those mentioned in art. 5, hereinafter referred to as third states, may exercise their profession in Romania, acquire the right of signature and apply for registration in the National Painting of Architects will be established, under conditions of reciprocity, by conventions concluded by the Romanian state with their home states, in compliance with at least the minimum conditions of training in the profession of architect provided for by the Directive. + Article 14 (1) In order to acquire the right of signature, the architect, according to the provisions of the Directive, carries out his professional activity as a trainee for a minimum period of 2 years, at an architectural office or at a design company, under the guidance an architect with a signature right. (2) The internship provided in par. (1) may be reduced to one year in the case of architects who have acquired the experience of at least 2 consecutive years in the specialized services of the central or local public administration. ((2 ^ 1) The professional internship may be carried out in whole or in part in another Member State or, where applicable, in a third State. ---------- Alin. (2 ^ 1) of art. 14 14 has been introduced by section 4 4 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. ((3) The conditions of the internship on the territory of Romania in order to acquire the practical professional experience, the rights and obligations of the trainee architect, as well as those of the Order of Architects in Romania, The organization and recognition of professional internships performed in another Member State or in a third country are regulated by the Regulation of the Order of Architects of Romania, in accordance with the legal provisions in force. ---------- Alin. ((3) of art. 14 14 has been amended by section 5 5 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. ((3 ^ 1) Recognition of the professional internship, carried out in part or in whole in a Member State or in a third State, does not replace the requirement laid down 11 11 para. ((6) on the acquisition of the right of signature. ---------- Alin. (3 ^ 1) of art. 14 14 has been introduced by section 6 6 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (4) For architecture graduates with a doctor's degree in the field, the duration of the internship is reduced to one year. (5) After the internship, the architect may acquire the right of signature conferred by the Order of Architects of Romania, under the present law. + Article 15 Trainee architects can sign their own studies, plans and projects during the internship period, which do not involve the issuance of a building permit. + Article 16 The exercise of the right of signature, according to this law, is incompatible with situations in which: a) the architect performs for the same project the function of verifier, expert or adviser chosen within the public administration involved in the approval or authorization process; b) the architect is a public official within the authority of the central or local public administration that has the competence, authorization and control of the work in question. + Article 17 The exercise of the right of signature without fulfilling the conditions provided by this law constitutes a crime and is punishable by criminal law + Section 2 Ways of exercising the profession of architect + Article 18 (1) The right of signature may be exercised in 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. (3) Regardless of the method of exercising the profession, architects with the right of signature can hire employees. (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. + Article 19 (1) The method of exercising the profession shall be declared by the architect and shall be registered with the Order of Architects of Romania. (. Individual offices may be associated with the contract. (3) The contractual relations shall be established between the individual office and the client or, in the case of the associated offices, these relations shall be established between one of the individual offices involved and the client + Section 3 Rights and obligations of architects with the right of signature + Article 20 The architect with the right signature has the following rights: a) to develop and sign the documents provided in art. 11 11 para. ((1); b) to verify during the execution of the work its compliance with the authorization issued, even if the technical assistance has not been entrusted to it; c) to benefit from a fair fee for the services provided, corresponding to the amount, time required and responsibility assumed, freely negotiated with the customer. The Order of Architects in Romania, with the opinion of the Ministry of Regional Development and Public Administration and the Ministry of Culture, elaborates the information system on costs for architectural design, which will be made public. The system of information on costs for architectural design includes ways made available to architects to calculate costs and to negotiate the fees that are charged. The system of information on costs for architectural design does not have a binding nature, does not impose obligations on suppliers or beneficiaries and does not establish minimum or maximum fees; d) to enter into the contract concluded with the customer clauses on the protection of copyright. + Article 21 The signature architect shall have the following obligations: a) to know and comply with the legal regulations in force regarding the exercise of the profession of architect; b) to observe the Code of Ethics of the Architectural Profession and the Regulation of the Order of Architects of Romania; c) to make known to the customer the obligation to obtain and to comply with the necessary opinions, agreements and authorizations, provided by law; d) to be concerned with the improvement of professional qualification; e) to assume, by exercising the right of signature, the entire professional responsibility towards the client and the authorities, showing conscientiousness and professional probity; f) to serve the interests of the client in accordance with the public interest and professional requirements. + Section 4 Suspension and termination of signature. The Radiation of the National Painting of Architects + Article 22 The right of signature is suspended: a) temporarily, at the request of the person 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; c) during the suspension of the right to practise, ordered by final court decision; d) as a disciplinary sanction, for the duration of the sanction. + Article 23 (. The right of signature shall cease: a) by waiving the exercise of the right of signature; b) if the person entered has been definitively convicted of a deed provided by law, in direct connection with the exercise of the right of signature, or if he has been applied the complementary punishment of the prohibition of the exercise of the profession, by a decision final court. (2) The cessation of the right of signature attracts the loss of membership of the Order of Architects in Romania and the deletion from the National Painting of Architects. + Chapter III Order of Architects in Romania + Section 1 The duties and organization of the Order of Architects of Romania + Article 24 (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. (2) The Order of Architects of Romania is headquartered in Bucharest and is organized with branches in the territory. His activity is financed from registration fees, annual contributions of members, funds resulting from scientific, economic and editorial activities that he carries out, organization of architectural competitions, urban and landscape design, as well as from donations, related, sponsorships or other sources, under the law. (3) Of the Order includes architects and conductors architects with or without right of signature, urbanists diplomats without right of signature or to whom it was granted, under the law, the right of signature similar to architects, architects of interior with the right of signature, interns and any holder of the title of architect, at their request. (4) The present law does not limit the right of free accession of architects to other forms of professional association. (5) The Order has the obligation to publish annually in the Official Gazette of Romania, Part I, the National Painting of Architects, the Regulation of the Order of Architects of Romania, the Code of Ethics of the Architectural Profession and the Information System on costs for architectural design. + Article 25 (1) The Order of Architects of Romania has the following tasks: a) protects and promotes the quality of the architectural and urban planning product; b) pursues the competent and qualified exercise of the profession in the respect of its deontological code; c) proposes specific legislative and normative regulations, in order to promote them; d) represent the interests of its members before public and administrative authorities, as well as in international professional bodies; e) grant architects the right of signature and manage the National Painting of Architects. (2) The attribution of the Order of Architects in Romania regarding the granting of the right of signature cannot be exercised by any other institution or professional association. + Article 26 The rights and obligations of the members of the Romanian Order of Architects are established by its regulation. + Article 27 (1) The governing bodies of the Order of Architects of Romania are: a) National Conference; b) National Council; c) College of Directors; d) President of the Order (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. + Article 28 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 one representative of each county included in the branch. + Article 29 (1) The National Conference of the Order of Architects of Romania has the following tasks: a) adopt and amend the Order Rules, the Code of Ethics of the profession and the framework regulation for territorial branches *); Note
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*) See the Regulation on the organization and functioning of the Order of Architects of Romania, the Code of Ethics of the Architectural Profession and the Framework Regulation on the establishment, organization and functioning of the territorial branches of the Order Architects from Romania, published in the Official Gazette of Romania, Part I, no. 342 342 of 21 May 2012.
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b) adopt the organization of the administrative apparatus of c) elect and revoke the President of Order d) elect and revoke members of the National Council of the Order e) choose the members of the censors and discipline commissions at national level, as well as the members of other specialized committees; f) adopt decisions on all matters on the agenda set out in the convocation; g) approves the value of the single annual contributions for the categories of members of the Order. (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 present condition 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
+ Article 30 (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. + Article 31 (1) The President of the Order of Architects of Romania, elected among the architects with the right of signature, represents the Order in his relations with other natural and legal persons or with authorities in Romania and abroad, being able to conclude, on behalf of Order, conventions and contracts. The President also leads the proceedings of the National Conference and orders the budget expenditures of the Order. (2) The Vice-Presidents of the Order of Architects of Romania are rightful substitutes of the President, in the order established by the National Conference + Article 32 (1) The current activity of the Order of Architects in Romania is coordinated by the College of Directors. (2) The College of Directors shall be elected by the majority vote of the members ((3) At least two thirds of the members of the College of Directors must be architects with the right of signature. + Article 33 The governing forums, the commissions of the Order of Architects of Romania and the management of the territorial branches are elected by the secret vote of the majority of the participants with the right to + Article 34 The organization and functioning of the Order of Architects in Romania will be established by the Order Regulation, approved by the National Conference.
+ Section 2 Territorial branches of the Order of Architects of Romania + Article 35 (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. (4) The territorial branches acquire legal personality of private law from the date of the general assembly of members, during which they will settle: a) the city of residence of the territorial branch and its seat; b) the management forums of the branch. + Article 36 At their establishment the territorial branches will develop their own regulations based on the framework regulation at national level, approved by the National Conference of the Order of Architects of Romania. + Section 3 National Picture of Architects + Article 37 (1) For the centralization of the records of architects from all over the country, the National Painting of Architects is established, a document that is published annually in the Official Gazette of Romania, Part I. ((2) The registration in the National Picture of Architects highlights the form in which the registered members exercise their right of signature, professional address and branch of which they belong. (3) The registration in the National Painting of Architects allows the exercise of the right of signature throughout Romania. (4) Architects who have a suspended signature right, for whatever reasons, will be highlighted separately in Part II of the National Architect Tabloon. + Article 38 The Order of Architects in Romania issues the necessary documents to Romanian citizens who wish to exercise the profession in the Member States of the European Union, in the Member States of the European Economic Area, in the Swiss Confederation, as well as in third States. + Section 4 Disciplinary liability + Article 39 (1) The members of the Order of Architects of Romania are responsible for non-compliance with the provisions of this law, of the code of ethics of the profession, of their own decisions adopted by the competent governing bodies of the Order, as well as for any deviations committed in connection with or outside the profession that prejudice the prestige of the profession or the Order. (2) The disciplinary sanctions are: a) the warning; b) vote of blame; c) suspension for a period of 6-12 months of the right of signature; d) suspension for a period of 6-12 months of the membership of the Order of Architects of Romania. (3) The sanctions provided in par. ((2) lit. a) and b) shall apply by the collegiate director, at the proposal of the territorial discipline commission. (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 discipline commission at national level. (5) Against the decision of the territorial discipline commission, which applied one of the disciplinary sanctions provided in par. ((2) lit. a) and b), a challenge may be made to the National Disciplinary Commission within 30 days from the date of communication of the judgment. (6) Against the decision of the National Disciplinary Commission, by which a disciplinary sanction provided in par. ((2), it can be appealed to the court of competent administrative court, within 30 days from the date of communication of the decision. (7) Under the conditions of non-commencement of the procedure for judging the deviations, the application of sanctions shall be prescribed within 2 years of their commission. + Article 40 (1) The discipline commissions of the Order of Architects of Romania are bodies with jurisdictional activity and are organized at national and territorial level for each branch. (2) The national discipline commission is composed of 5 architects with a minimum of 10 years old, of which 3 architects with a right of signature. (3) The discipline commission shall elect a chairman from among its members. (4) The decisions of the discipline committees shall be validated by a simple majority of votes. (5) The procedure of judgment of the deviations is provided for in the Regulation of the Order of Architects of Romania and shall be supplemented by the provisions of the + Article 41 After one year from the application of the decision of final withdrawal of the right of signature or membership of the Order of Architects of Romania the one in question may ask for a review of the decision. In case of rejection, a new application can only be made after one year. + Article 42 If the courts pronounce final judgments condemning an architect with the right of signature for criminal acts related to the exercise of the profession or applies the complementary sanction of the prohibition of exercising this professions, a copy of the device of the decision will be communicated to the branch of the Order of Architects of Romania, organized at territorial level, to operate the radiation from the painting of architects in whose radius it is domiciled.
+ Chapter IV Transitional and final provisions + Article 43 Within one year from the date of entry into force of this law all architects with a bachelor's degree or assimilated, issued by the higher education institutions of architecture with the duration of studies of at least 5 years, will obtain, on the basis of requests, registration in the Order of Architects of Romania and in the picture of architects within the branch where they have their domicile and will be able to exercise the right of signature, regardless of age in the profession. + Article 44 (1) He carries the title of architects architects with a diploma issued by higher education institutions of architecture accredited by the Romanian state, with the duration of studies of at least 3 years. (2) The architects, graduates with a diploma of architectural higher education institutions with the duration of studies of at least 3 years, may apply for registration in one of the territorial branches of the Order of Architects of Romania, in whose radius are domiciled. (3) Architects, graduates with a diploma until the date of entry into force of this Law, and graduates of the following 3 years from the date of entry into force of this Law may receive a limited signature in the categories of works for which the law recognizes this right. (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. + Article 45 In order to protect the copyright members of the Order of Architects in Romania can ask for the registration of studies, plans and projects elaborated in a special record at the Order, thus receiving the definite date. + Article 46 After 12 months from the date of entry into force of this law, for all those who will exercise the profession of architect without fulfilling its provisions, disciplinary, administrative or criminal charges will be proposed, as the case may be. + Article 47 (1) Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, an initiative committee consisting of representatives of professional associations in the field shall ensure the convocation of the National Establishment Conference of the Order of Architects of Romania. (2) Within 90 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the National Conference will adopt the Framework Regulation of the Order of Architects of Romania and the Code of Ethics of the profession of architect. + Article 48 For the establishment of the territorial branches of the Order, the Union of Architects of Romania, established by Decree-Law no. 127/1990 on some measures regarding the activity of the Union of Architects in Romania and the territorial associations of architects, will provide its data bank, contained in the National Register of Architects, to the members and the entire archive + Article 49 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 Order and a representative of an institution of higher education of architecture accredited by the Romanian state. + Article 50 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
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* *) See Government Decision no. 932/2010 for the approval of the Methodological Norms Law no. 184/2001 on the organization and exercise of the profession of architect, published in the Official Gazette of Romania, Part I, no. 645 645 of 16 September 2010, as amended.
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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 11 11 and 12; 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.
+ Article 51 (1) The provisions of art. 4, 5 and 12, 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 European Union. (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 52 The provisions of this Law shall be supplemented Government Emergency Ordinance no. 49/2009 on the freedom of establishment of service providers and the freedom to provide services in Romania, approved with amendments and additions by Law no. 68/2010 ,, and the provisions Law no. 200/2004 on the recognition of professional diplomas and qualifications for regulated professions in Romania, with subsequent amendments and completions, in so far as they are not contrary to the provisions of this law. ---------- Article 52 has been amended by section 4.2. 7 7 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 53 (1) The present law shall enter into force within 60 days from the date of its publication in the Official Gazette of Romania, Part I* *). Note
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** **) Law no. 184/2001 was published in the Official Gazette of Romania, Part I, no. 195 195 of 18 April 2001.
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(2) Any other provisions contrary to this law shall be repealed.
* This law translates the provisions of art. 3 3 para. ((1) lit. d), art. 3 3 para. ((3), art. 4 4, art. 6 (partially), art. 7 7 para. ((1) and (2), art. 8 8 para. ((1), art. 21 21 para. ((1), art. 47 47, art. 48 48 para. ((2), art. 50 50 para. ((2), art. 54 54, art. 55a, art. 56 56 para. ((2), art. 56a para. ((2) and art. 57a para. ((1) and (2) of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications published in the Official Journal of the European Union, L series, no. 255 255 of 30 September 2005, as amended by Directive 2013 /55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005 /36/EC on the recognition of professional qualifications and R EU) No 1.024/2012 on administrative cooperation through the Internal Market Information System ("IMI Regulation"), published in the Official Journal of the European Union, L series, no. 354 354 of 28 December 2013. ---------- The entry for the transposition of the rules of the European Union has been amended by section 8 8 of art. unique of ORDINANCE no. 12 12 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. ------