Legislative Newsletter September 25, 2013


• Decision no. 274/2013
• Order no. 969/2013
• Decision no. 653/2013
• Order no. 539/2013

Decision no. 274/2013

Decision no. 274 of 21 August 2013, published in Official Gazette Part I no. 531 of 22.08.2013, amending Government Decision no. 274/2013 on granting de minimis state aid for investments of small and medium enterprises, makes the following mentions:

Comment: Among the changes brought by the present decision we mention the following provisions:

• At article 9, par. (2) – (4) are amended to read as follows: “(2) Payment of de minimis aid shall be made until 31 December 2015, in the limit of the budget allocated to the scheme.”; “(3) The maximum amount of de minimis aid scheme is RON 500M, equivalent to about 125 million euros, with the possibility of supplementing it, as follows: a) commitment appropriations for issuing funding agreements worth RON 500M for the period 2013-2014; b) budget credits for the payment of de minimis aids worth RON 250M for 2014 and RON 250M for 2015.”; “(4) Estimated number of beneficiary SMEs of de minimis aid is 2.000”
• Please note that in Decision’s annex is provided that the effective transfer of de minimis aid shall be made by the Ministry of Public Finance in account 50.70 “Available from subsidies and transfers” opened at the State Treasury in whose jurisdiction resides the fiscal enterprise beneficiary of de minimis aid, within maximum 60 working days from the date on which the request for de minimis aid payment is complete.

Order no. 969/2013

Order no. 969 of 7 August 2013, published in Official Gazette Part I no. 536 of 26.08.2013, for approving the Criteria and methodology for equalizing the formal medical specialists’ titles issued by Australia, Canada, Israel, New Zealand and USA.

Comment: The present Order sets out the criteria that must be simultaneously fulfilled to equalize the formal medical specialists’ titles issued by Australia, Canada, Israel, New Zealand and USA with the Certificate of medical specialist. Also it is mentioned the equivalence procedure, part of the Commission of equivalence but also the necessary documents for equalize.

Decision no. 653/2013

Decision no. 653 of 27 August 2013, published in Official Gazette Part I no. 559 of 03.09.2013, amending the Methodological norms for applying Law no. 122/2006 on asylum in Romania, approved through Government Decision no. 1.251/2006, makes the following mentions:

Comment: The amendments made by the present decision concern granting of non-refundable aid; payment of the non-refundable aid as well as extension of the initial period of granting the non-refundable aid.

• In terms of granting the non-refundable aid is mentioned that the request for granting the
aid provided in Art. 20 para. (1) letter m) of the Act, shall be prepared by each person who has acquired a form of protection and which meets the requirements of law or, where appropriate, by the legal representative or trustee.
• Applications shall be submitted at the General Inspectorate for Immigration within 3 months
from granting the form of protection. Applications must be accompanied by copies of the decision to grant a form of protection and temporary residence documents (art. 60).
• Regarding the payment of non-refundable aid, the present decision provides that it is given
Monthly, for each person who has acquired a form of protection. For minors who received a form of protection and who have no reached the age of 14, the aid is granted to their legal representative (art. 61).
• Extension of the initial period for granting the non-refundable aid can be no more than three
Months, as provided by law, if persons able to work who received a form of protection prove that they presented themselves to agencies for employment in counties or Bucharest, to request a job and haven’t refused a job offered to them (art. 62)

Order no. 539/2013

Order no. 539 of 22 March 2013 published in the Official Gazette Part I no. 575 of 10.09.2013, regarding framing in the activity of creating computer games, makes the following mentions:

Comment: Following the publication of Order no. 539/2013, is hereby extended the list of areas for which you can qualify for exemption from tax, being introduced eight new fields:

• Computer and information systems for defence and homeland security, Engineering
information engineering, Technology information;
• Industrial informatics, Applied informatics in electrical engineering, Applied informatics in
materials engineering, Applied mathematics and informatics in engineering;
• Economic Cybernetics;
• Computer physics;
• Chemical informatics;
• Applied automatics and informatics, Equipment for shaping, simulation and management of
computerized warfare, Multimedia systems engineering;
• Technologies and telecommunication systems, Remotes and electronics in transports;
• Communications, Equipment and military electronic systems.

Please note that the areas mentioned above supplement those provided by the previous legislation, namely:

• Automatics and industrial informatics;
• Computers, Electrical and computer engineering;
• Electronics, Applied electronics, Electronics and telecommunications, Communications;
• Mathematics, Economic informatics, Applied informatics;
• Economic cybernetics and informatics, Cybernetics and economic forecasts, Statistics and
economic forecasting.

Also this Order provides that to qualify for income tax exemption, a person must be a graduate of one of the areas cited above but also to occupy certain positions, such as: analyst, programmer, information system designer, engineer/programmer system, database administrator, software engineer, IT project manager. In this regard it is anticipated that the post must be part of a specialized informatics department, highlighted in the employer organizational chart.
Another provision imposed by the present Order is that under which the employer must have realized in the previous fiscal year and registered separately in analytical balances, due to activity of creating computer programs intended for trading, an annual income of at least the equivalent of 10,000 dollars (S.U.A.) for each employee which benefiting of exemption from income tax.

Finally we mention that the employer activity object should include the creation of computer games (CAEN code 5821, 5829, 6201, 6202, 6209).

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