Legislative newsletter May 29, 2013

  • Law no. 115/2013
  • Order no. 476/2013
  • Order no. 504/2013
  • Law. 138/2013
Law no. 115/2013

Law no. 115 of 24 April 2013, published in Official Gazette Part I, no. 240 of 25.04.2013, regarding the approval of Emergency Ordinance no. 83/2012 amending and supplementing Law no. 202/2002 on equal opportunities and treatment between men and women, makes the following remarks:


Comment: According to this law:

  • National Commission on equal opportunities between women and men (CONES) will operate in direct subordination of the Ministry of Labour, Family, Social Protection and Elderly.
  • Employees whose complaints/claims of labour discrimination on the basis of gender have not been solved by the employer through mediation procedure, may address to the competent instututions/courts where their domicile or residence is, within 3 years from the date of offense. The previous deadline was 1 year from the date of offense.

Order no. 476/2013


Order no. 476 of 22 April 2013, published in Official Gazette Part I, no. 244 of 29.04.2013, regarding the amendment of ANAF President’s Order no. 52/2012 for approving the form and content of some blanks mentioned under Title III in Tax Code, makes the following remarks:


Comment: According to this Order the following forms modify:

  • Form 221 “Statement regarding the incomes from agricultural activities imposed on income norms”
  • Form 230 “Application regarding the destination of the amount representing up to 2% of the annual income and deduction of the expenses incurred for saving in collective system for housing area”
  • Form 260 “Decision regarding the prepayments with title of tax income/social health insurance contributions, as well as  payment obligations with title of social insurance contributions”

Order no. 504/2013


Order no. 504 of 26 April 2013, published in Official Gazette Part I, no. 252 of 07.05.2013, for approving the Procedure of accessing the public information through short message service – SMS, makes the following mentions:


Art. 1. The present procedure regulates the access to public information through short message service – SMS, by interested parties, referred as applicants.

Art. 2. ANAF allows obtaining public information by applicants, via SMS, as far as their mobile operators offer this service.

Art. 3. The cost generated by using SMS is charge of the applicant. The message cost is set and collected by mobile operators.

Art. 4. ANAF does not charge costs for providing the information which make the subject of this procedure.


Comment: The normative act also specifies the following:

  • the service of requesting and transmitting the information via SMS is available 24 hours a day;
  • request of public information is made by sending a single SMS to the number posted on ANAF’s website (1300);
  • public information provided by ANAF concerning economic operators are:

a)     fiscal identification code;

b)    the name of the economic operator;

c)     registered/not registered for VAT purposes;

d)    state of fiscal inactivity of the economic operator;

e)     the application of VAT on collection system;

f)     safety code attached to each message.


Law no. 138/2013


Law no. 138 of 30 April 2013, published in the Official Gazette Part I, no. 253 of 07.05.2013 for amending and supplementing National Archives Law no. 16/1996, makes the following mentions:


Comment: According to this law:

  • are regulated the ways of taking over, administrating and preservating documents with historical and practical value created by state institutions, public or private economic, social, cultural, military and religious organizations, freelancers, professionals which operate on the basis of special laws and individuals;
  • in case of bankruptcy, under the law, a document creator, without its activity to be continued by another, the documents with historical value (defined in art. 2 of present law) will be taken by National Archives and the documents with practical value, under which are released copies, certificates and statements of rights concerning social security contributions, shall be handed over based on a contract to economic operators authorized in archival services;
  • are specified the conditions of taking over, adminstrating and storing documents with practical value by economic operators authorized for archival services;
  • are stipulated the necessary conditions that need to be fulfilled by the economic operators which provide archival services, in order to obtain the authorization service. The deadline for obtaining the authorization is 1 year from the date of entry into force of this law;
  • law enforcement norms will be developed within 60 days through the Minister of Internal Affairs Order.