Legislație
INCDSB is directly subject to national legislation in the exercise of its research activities. The relevant regulations governing the Institute's research operations are detailed below. For a complete list of the legislation that concerns us, please go to VI. Other.
- Government Decision No 933/2022 on the approval of the National Strategy for Research, Innovation and Smart Specialisation 2022-2027
- National Education Law (Law 1/2011)
- Government Ordinance No 57/2002 on Scientific Research and Technological Development (OG 57/2002)
- Government Ordinance No 41/2015 amending and supplementing Government Ordinance No 57/2002 on scientific research and technological development - (OG 41/2015)
- Law 319/2003 on the status of research and development staff (Law 319/2003)
- Government Decision No 477/2019 of 4 July 2019 on the approval of the methodological rules for the evaluation for accreditation of national research and development institutes
- Law No 206/2004 on good conduct in scientific research, technological development and innovation, amended by Law 398/2006 and Government Ordinance No 28/2011 - (Law 206/2004)
- MCI Order No. 350/2019 on approval of the National Register of Experts for the certification/expertise of R&D activity-- (Order 350/2019)
- Government Decision no. 751/2017 amending the Annex to Government Decision No 327/2003 on the ceilings on the basis of which direct wage costs are calculated in financing contracts concluded from budgetary funds - Doubling the ceilings for revenue from publicly funded programmes - (HG 751/2017)
- Law no.136/2017 on the approval of Government Emergency Ordinance No. 32/2016 supplementing Law No. 227/2015 on the Tax Code and regulating certain financial and fiscal measures - Tax exemption for all staff involved in RDI activities - (Law 136/2017)
- Common Order MFP/2326/ 2017 - MCI/2855/2017 on establishing the procedure for granting the tax relief provided for in Article 60(3) of Law 227/2015 on the Tax Code - Procedure for applying the tax exemption for staff involved in R&D&I activities - (Joint Order MFP/2326 - MCI/2855 /2017)
- MCI-MFP Order 1056-4435 /2016 on Rules on deductions for research and development expenditure in the calculation of taxable income
- Government Decision no. 576/2016 for the approvalCompetition methodology for the post of Director-General of the National Research and Development Institutes - (HG 576/2016)
- MCID Order No 21980/22.12.2022 for the approval Methodology - framework for competitions to fill vacant teaching and research posts in higher education - (HG 457/2011)
- Government Decision no. 134/2011 for the approval of the Methodological Rules on the establishment of categories of expenditure for research and development and innovation stimulation activities financed from the state budget - (GD 134/2011)
- Law no. 305/2009 to amend para. (1) of art. 65 of Government Ordinance no. 57/2002 on scientific research and technological development and amending and supplementing art. 52 of Law no. 500/2002 on public finance - (Law 305/2009)
- Government Decision no. 637/2003 on the approval of the Framework Regulation on the organisation and functioning of the INCDs
- Government Decision no. 406/2003 approving the specific methodological rules on the establishment, operation, assessment and accreditation of innovation and technology transfer infrastructure entities, as well as their support arrangements
- MCID Order no. 578/2019 concerning the approval of the framework procedure for the technological audit of research and development units
- MCID Order no. 4242/2020 approving pframework procedure for determining the value of research and development results with a view to their exploitation
- MCID Order no. 4243/2020 approving framework procedure for the recognition of the results of research and development activities in the accounts of National Research and Development Institutes
- Order of the Ministry of Education, Research and Innovation No. 6199/2020 amending the OMECI No 3845/2009 on the approval of the model for the Register of the results of research and development activities and of the Methodology for recording the results of research and development activities
- National Council for Scientific Research (CNCS) - Regulations of organization and functioning and composition, approved by Order of the Minister of Research, Development and Innovation.
- The Consultative College for Research - Development and Innovation (CCCDI) - Regulations of organization and functioning and composition, approved by Order of the Minister of Research, Development and Innovation.
- National Council for Technology Transfer and Innovation (NCTTI) - Regulations of organization and functioning and composition, approved by Order of the Minister of Research, Development and Innovation.
- National Council for Ethics in Scientific Research, Technological Development and Innovation (CNECSDTI) - Regulations of organization and functioning and composition, approved by Order of the Minister of Research, Development and Innovation.
- Government Decision no. 1405/2022 for the approval of the methodological rules for the evaluation, contracting, funding and monitoring of the core research and development programmes;
- Government Decision no. 1265/2004 for the approval of the Methodological Norms for the contracting, financing, monitoring and evaluation of research, development and innovation programmes, projects and actions included in the National Research, Development and Innovation Plan, with subsequent amendments and additions.
- Decision no. 933/2022 approving National Strategy for Research, Innovation and Smart Specialisation 2022-2027.
- Government Emergency Ordinance 74/2010 for the amendment of some normative acts in the field of education and research, with subsequent additions and amendments.
- Law No. 64/1991 on patents, republished;
- Law no. 83/2014 on service inventions;
- Government Decision no. 547/2008 for the approval of the Regulation implementing the Law 64/1991 on patents for invention, with subsequent additions and amendments:
- Law no. 350/2007 on utility models, as subsequently amended and supplemented;
- Government Decision no. 1457/2008 for the application of the Regulation implementing Law 350/2007, with subsequent additions and amendments;
- Government Ordinance no.. 41/1998 on fees in the field of industrial property protection and the regime of their use, republished, with subsequent amendments and additions;
- Government Emergency Ordinance no. 34/2017 on the financial management of the non-reimbursable external funds related to the European Economic Area Financial Mechanism 2014 - 2021 and the Norwegian Financial Mechanism 2014 - 2021;
A. LEGISLATION APPLICABLE TO THE ECONOMIC DEPARTMENT
- Law No. 82/1991 of Accounting, republished, as subsequently amended and supplemented;
- Order of the Minister of Public Finance no. 1802/2014 approving the Accounting Regulations on the separate annual financial statements and consolidated financial statements, as amended and supplemented.
- Tax Code approved by Law 227/2015 with subsequent amendments and additions;
- Government Decision No. 1/2016 for the approval of the Methodological Norms for the implementation of Law no. 227/2015 on the Tax Code, as amended, respectively Government Decision no. 928 of 1 September 2021;
- Law no. 22/1969 on the engagement of managers, the provision of guarantees and liability in connection with the management of the property of economic operators, public authorities or institutions, as amended and supplemented by Law no.54/1994;
- MFP Order no. 2634/2015 on financial and accounting documents;
- OMFP 923/2014, republished, approving the General Methodological Rules on the exercise of preventive financial control and the specific Code of professional rules for persons carrying out their own preventive financial control;
- OMFP No 2332/2017 on the amendment of the Order of the Minister of Public Finance No 923/2014 approving the General Methodological Norms on the exercise of preventive financial control and the Specific Code of Professional Standards for persons performing their own preventive financial control activity;
- Government Ordinance no. 119/1999 on internal/managerial control and preventive financial control, republished, with subsequent amendments and additions;
- Law no. 84/2003 for amending and supplementing the OG no. 119/1999 on internal audit and preventive financial control;
- Government Decision 1151/2012 approving the Methodological Rules on the organisation and exercise of financial management control.
- Order of the Secretary General of the Government no. 600/2018 for the approval of the Code of internal management control of public entities;
- OMFP no. 1917/2005 - Chapters I to VI for the approval of the Methodological Rules on the organisation and management of the accounts of public institutions, the Chart of Accounts for public institutions and the instructions for its application;
- Order of the Minister of Public Finance no. 792/2002 approving the Methodological Rules on the commitment, validation, authorisation and payment of expenditure of public institutions, as well as the organisation, recording and reporting of budgetary and legal commitments, with subsequent amendments and additions;
- Order of the Minister of Public Finance no. 802/2014 approving the Accounting Rules for the annual individual financial statements and the annual consolidated financial statements;
- Order of the Minister of Public Finance No. 2.861/2009 approving the Rules on the organisation and conduct of the inventory of assets, liabilities and equity, as subsequently amended and supplemented;
- Methodological rules on the preparation and submission of quarterly financial statements and monthly financial reports, prepared by the Ministry of Public Finance;
- Methodological rules on the main aspects related to the preparation and submission of annual financial statements and annual accounting reports of economic operators to the territorial units of the Ministry of Public Finance;
- OMFP no. 1954/2005 approving the Classification of Public Finance Indicators;
- Decree no. 209/1976 on the Cash Operations Regulation;
- Government Decision no. 031/1999 - for the approval of the Methodological Norms on the registration in the accounts of goods that make up the public domain of the State and of administrative-territorial units, with subsequent amendments and additions;
- MCID-MFP Order no. 2326/2855/2017 on establishing the procedure for granting the tax relief provided for in Article 60, paragraph 3 of Law No 227/2015 on the Tax Code.
- Order no. 2861/2009 approving the rules on the organisation and conduct of the inventory of assets, liabilities and equity, as subsequently amended and supplemented;
- Decision no. 2230/1969 - on the management of material assets, as subsequently amended and supplemented;
- OMFP no. 3471/2008 - approving the methodological rules on the revaluation and depreciation of tangible fixed assets held by public institutions, as amended and supplemented
- Government Decision no. 031/1999 - for the approval of the Methodological Norms on the registration in the accounts of goods that make up the public domain of the State and of administrative-territorial units, with subsequent amendments and additions;
- Law no. 70/2015 for strengthening financial discipline on cash receipts and payments and for amending and supplementing Government Emergency Ordinance No 193/2002 on the introduction of modern payment systems, with subsequent additions and amendments;
- Government Decision no. 2139/2004 approving the Catalogue on the classification and normal lifetimes of fixed assets, as subsequently amended and supplemented;
- Government Ordinance no. 81/2003 on the revaluation and depreciation of fixed assets owned by public institutions, approved by Law No 493/2003, as subsequently amended and supplemented;
- Law no. 165/2018 on the award of vouchers, as amended and supplemented, and by Law No 43/2023;
- Order no.1209/999/180 of 2018 of the Minister of Public Finance, the Minister of Labour and Social Justice and the Minister of Health approving the model, content, submission and management of the "Declaration on the obligations to pay social contributions, income tax and the nominal record of insured persons"
- Order of the President of ANAF no. 52/19. 01.2011on the ex officio updating of the tax vector on income tax on salaries and social contributions and the procedure for declaring the obligations set out in the "Tax claims" nomenclature in Annex No 2 to GD No. 1397/2010, as subsequently amended and supplemented.
- Government Decision no. 397/28.12.2010 on the model, content, method of submission and management of the "Declaration on the obligations to pay social contributions, income tax and records of insured persons", as amended and supplemented.
- Order of the President of ANAF no. 232/01.02.2011 on the procedure for the delivery-receipt of information and/or documents concerning the tax claims of secondary establishments registered for tax purposes as payers of salaries or income assimilated to salaries.
- Law no. 200/2006 on the establishment and use of the Guarantee Fund for the payment of wage claims, as subsequently amended and supplemented.
- Government Decision no.. 1.850/2006 approving the methodological rules for the application of Law 200/2006, with subsequent amendments and additions.
- Government Emergency Ordinance no. 158/2005 on social health insurance leave and allowances, as amended and supplemented.
- Government Emergency Ordinance no. 94/2011on the organisation and functioning of the economic and financial inspection of economic operators, approved with amendments and additions by Law No 107 of 4 July 2012
- Decision no. 518 / 1995 on certain rights and obligations of Romanian personnel sent abroad on temporary assignments, as subsequently amended;
- Government Decision no. 582/2015 amending and supplementing Government Decision No 518/1995 on certain rights and obligations of Romanian personnel sent abroad on temporary assignments;
B. LEGISLATION APPLICABLE TO THE HUMAN RESOURCES DEPARTMENT
- Labour Code, Law no. 53/2003on the Labour Code, as amended.
- Government Decision No 905/2017on the general register of employees, as subsequently amended and supplemented.
- Law no. 81/30.03.2018 on the Regulation of Telemunications Activity published in the Official Gazette of Romania with number 296 of 2 April 2018;
- Emergency ordinance 74/2021amending and supplementing the Government Emergency Ordinance no. 158/2005 on social health insurance leave and allowances, amending Article 299(2) of the Treaty on European Union. (4) of the Law No 95/2006 on health care reform and to lay down measures on the granting of health care sick leave.
- Order of the Minister of Health and of the President of the National Health Insurance House for amending and supplementing the Rules for implementing the provisions of Government Emergency Ordinance No 158/2005 on social health insurance leave and allowances, approved by Order of the Minister of Health and of the President of the National Health Insurance House No. 15/2018/1.311/2017.
- Order of the Minister of Labour, Family and Social Protection No. 1.918/2011 approving the procedures and documents that employers are obliged to submit to the territorial labour inspectorate in order to obtain the password, as well as the procedure for submitting the general register of employees in electronic format, as amended and supplemented.
- GEO no. 97/2005 on the registration, domicile, residence and identity documents of Romanian citizens, with subsequent amendments and additions.
- Government Decision No 355/2007 on workers' health surveillance, as amended and supplemented.
- EGO no. 25/2014 on the employment and posting of foreigners on the territory of Romania, with subsequent amendments and additions.
- Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished.
- Order of the Minister of Labour, Family and Social Protection no. 918/2011 approving the procedures and documents that employers are obliged to submit to the territorial labour inspectorate in order to obtain the password, as well as the procedure for submitting the general register of employees in electronic format, as amended and supplemented.
- GEO no. 96/2003 on maternity protection at work, as amended and supplemented.
- Government Decision no. 537/2004 for the approval of the Methodological Norms for the application of the provisions of GEO 96/2003.
- Government Emergency Ordinance no. 111/2010 on parental leave and monthly child-raising allowance, as subsequently amended and supplemented.
- Law no. 263/2010, on the Unitary Public Pension System, as amended and supplemented, Law No. 373/2022.
- Government Decision no. 257/2011 for the approval of the Implementing Rules of the Law no. 263/2010 on the Unified Public Pension System, with additions and amendments:
- Government Decision no.. 52/2011 approving the Methodological Rules No 111/2010 on leave and monthly child-raising allowance, as amended and supplemented.
- Order of the Acting Minister for Labour, Family and Social Protection No. 1474/2011 approving the Instructions for the application of certain provisions of The rules methodological approach to the application of the provisions Government Emergency Ordinance No 111/2010 on parental leave and monthly child-raising allowance, approved by Government Decision No 52/2011, The rules methodological approach to the application of the provisions Law No 277/2010 on family support allowance, approved by Government Decision no. 38/2011, and from The rules methodological approach to the application of the provisions Law No 416/2001 on guaranteed minimum income, approved by Government Decision No 50/2011
- Instructions for the application of certain provisions of the Methodological Norms for the application of GEO no. 222/2010, the Methodological Norms for the application of the provisions of Law no. 277/2010 and the Methodological Norms for the application of the provisions of Law no. 416/2011, as amended.
- Law no. 67/2006 on the protection of employees' rights in the event of transfers of undertakings, businesses or parts thereof, as subsequently amended and supplemented.
- Law no. 279/2005 on apprenticeship at work, republished.
- Law no. 290/2004 on criminal records, republished in 2009.
- EGO no. 96/2003 on maternity protection at work, as amended and supplemented.
- Government Decision no. 537/2004 for the approval of the Methodological Norms for the application of the provisions of GEO 96/2003.
- Law no. 76/2002 on unemployment insurance and employment stimulation, as amended and supplemented.
- Government Decision no. 174/2002 for the approval of the Methodological Rules for the application of Law 76/2002, with subsequent amendments and additions.
- Law no. 67/2006 on the protection of employees' rights in the event of transfers of undertakings, businesses or parts thereof, as subsequently amended and supplemented.
- Law no. 279/2005 on apprenticeship at work, republished.
- Law No. 290/2004 on criminal records, republished in 2009.
- Law no. 76/2002 on unemployment insurance and employment stimulation, as amended and supplemented.
- Government Decision no. 174/2002 for the approval of the Methodological Rules for the application of Law 76/2002, with subsequent amendments and additions.
- Law no. 108/1999on the establishment and organisation of the Labour Inspectorate, republished.
- Order of the Minister for Labour, Family and Social Protection 1.918/2011 approving the procedures and documents that employers are obliged to submit to the territorial labour inspectorate in order to obtain the password, as well as the procedure for submitting the general register of employees in electronic format, as amended and supplemented.
- Government Ordinance 129/2000 on the vocational training of adults, republished
- Government Decision no. 522 / 2003 for the approval of the Methodological Norms for the application of the provisions of Government Ordinance No 129/2000 on the vocational training of adults, as subsequently amended and supplemented.
- Law No. 1/2011 National Education Act, as amended.
- Law No 448/2006 on the protection and promotion of the rights of persons with disabilities, republished.
- Law 467/2006 on establishing a general framework for informing and consulting employees, as amended and supplemented.
- Law no. 108/1999on the establishment and organisation of the Labour Inspectorate, republished.
- Law no. 367/2022 on social dialogue, as amended and supplemented.
- Law no.78/2000 for the prevention, detection and prosecution of corruption, as subsequently amended and supplemented.
- Law No. 176/2010 on integrity in the exercise of public functions and public office, amending and supplementing Law No 144/2007 on the establishment, organisation and functioning of the National Integrity Agency, as well as for the amendment and completion of other normative acts.
- Government Decision no. 1269/2021 on the approval of the National Anti-Corruption Strategy (NACS) 2021-2025.
- Law no. 251/2004 on certain measures relating to property received free of charge in connection with protocol activities in the exercise of a mandate or office.
- Law no. 333/2003, republished, on the security of objects, property, assets and the protection of persons
- Government Decision no. 841/1995 on procedures for the transfer without payment and recovery of property belonging to public institutions, updated
C. LEGISLATION APPLICABLE TO THE PROCUREMENT DEPARTMENT
- Law 98/2016 on public procurement, as amended and supplemented.
D. LEGISLATION APPLICABLE TO THE ADMINISTRATIVE COMPARTMENT
- Government Decision no. 355/2007 on workers' health surveillance, as amended and supplemented.
- Law No. 319/2006 on Safety and Health at Work, as amended;
- Fire safety regulations for buildings indicative P 118-99, dated 07.04.1999;
E. LEGISLATION APPLICABLE TO ALL COMPARTMENTS
- National Archives Law no. 16/1996, republished;
- Law no. 455/18.07.2001 on electronic signatures, as amended.
- Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures, amending Regulation (EC) No 1907/2006;
- Directive (EU) 2018/851 of the European Parliament and of the Council amending Directive 2008/98/EC on waste;
- Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Directive 94/904/EC establishing a list of hazardous waste pursuant to Article 1(a) of Council Directive 75/442/EEC on waste 4 of Council Directive 91/689/EEC on hazardous waste, as amended and supplemented;
- EC Decision 2014/955/EU amending Decision 2000/532/EC establishing a list of wastes pursuant to Directive 2008/98/EC of the European Parliament and of the Council.
- Law No 360/2003 on the regime for dangerous substances and preparations;
- GEO No 195/2005 on environmental protection, as amended and supplemented;
- GEO No 92/2021 on waste management;
- HG No 398/2010 with amendments and additions, laying down certain measures for implementing the provisions of Regulation (EC) No 1.272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Council Regulation (EC) No Directives 67/548/EEC and 1.999/45/EC and amending Regulation (EC) No 1.907/2006.
- GD no 95/2014 for the approval of management measures and specific criteria for the disposal of mercury as waste;
- GEO No 122/2010 approved by Law No 195/2011 on the establishment of penalties applicable to infringements of the provisions of Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures.
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Regulation (EC) No 45/2001 Directive 95/46/EC (General Data Protection Regulation).
- Law no. 190 / 18 July 2018 on implementing measures for Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
- Law no. 506 / 2004 on the processing of personal data and the protection of privacy in the electronic communications sector, as amended.
- Law No 182/2002 on the protection of classified information, as amended and supplemented.
- Law no. 102/2005 on the establishment, organisation and functioning of the National Authority for the Supervision of Personal Data Processing, ANSPDCP, as amended and supplemented.
- Law no. 202/2002 on equal opportunities and equal treatment of women and men, republished (2022)