Ministry of Public Finances Order No. 1679/2006




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Ministry of Public Finances
Order No. 1679/2006
of 12 October 2006

Published in the Official Journal of Romania, Part I,

No. 871 of 24 October 2006
regarding the completion of the Order of the State Minister, Finance Minister,

No. 1801/1995, with subsequent amendments and completions

On the grounds of the provisions under Article 11 paragraph (5) of Government Decision No. 208/2005 regarding the organisation and operation of the Ministry of Public Finance and of the National Agency of Fiscal Administration, with subsequent amendments and completions, of item 6 in Annex No. 2 to the Order of the State Minister, Finance Minister, No. 1801/1995, with the subsequent amendments and completions, and of Article 1 of the Government Ordinance No 7/1995 establishing certain template documents to be used in the financial field, as republished,

taking into consideration to the instructions provided for by Government Ordinance No. 2/2001 regarding the legal framework for sanctioning contraventions, approved and amended by the Law No. 180/2002, with subsequent amendments and completions,


The Minister of Public Finance issues the following Order:
Article I – Order of the State Minister, Finance Minister, No. 1801/1995, published in the Official Journal of Romania, Part I, No. 268 and 268 bis of 20 November 1995, with subsequent amendments and completions, is hereby completed as follows:
1. Annex No. 1a) is completed with an additional item comprising the template for “Minute of finding and sanctioning of contraventions”, code 14.13.22.99/4.
2. Annex No. 1b) is completed with an additional template for “Minute of finding and sanctioning of contraventions”, code 14.13.22.99/4, provided for in Annex No. 1 which is a part of this Order.
Article IIPrinting characteristics, manner of distribution, usage and safe keeping of form “Minute of findings and of sanction of contraventions”, code 14.13.22.99/4, are presented in Annex No. 2 which is a part of this Order.


Article III – The form “Minute of findings and of sanction of contraventions”, code 14.13.22.99/4, is used in the activity of verification of procedural aspects related to the process of awarding public procurement contracts, public works concession contracts and public services concession contracts.
Article IV – The Unit for Coordination and Verification of Public Procurement, the Territorial Compartments for Verification of Public Procurement, the General Direction of Administration of Taxes and Contributions, the General Direction for Investments, Public Procurement and Internal Services, the General Directions for the Public Finances of the counties, and of the Municipality of Bucharest, respectively, shall implement the provisions of this Order.

Article V – This Order shall be published in the Official Journal of Romania, Part I.

Minister of Public Finance,

Sebastian Teodor Gheorghe Vladescu

Bucharest, 12 October 2006.

No. 1679

   
ANNEX No. 1

MINISTRY OF PUBLIC FINANCE

Series ........../........

No. .....................

Unit for Coordination and Verification of Public Procurement

General Direction of Public Finances of the County ............
Compartment for verification of Public Procurement

MINUTE
of finding and sanctioning of contraventions

Concluded today, .......... month ........ year ......, location .........

The Undersigned: ..............................................................................,


(family name and given name)
in the capacity as observers appointed for verification of the procedural aspects related to the process of awarding the contract ........................................., holding the position of ...................., on the grounds of the provisions of Government Urgency Ordinance No. 30/2006 regarding the task of verification of procedural aspects related to the process of awarding public procurement contracts, on the basis of Identity Card No.................. and of the Work Order
No. .../..., I have found the following:
............................................................................................
............................................................................................
............................................................................................
The above deed represents a contravention as provided for by Government Urgency Ordinance
No. 30/2006 at Article ........... paragraph ............ letter ............ and is sanctioned in accordance with
article ............ paragraph ........... letter ............. from the same normative act with a fine from .................. lei to ....................... lei.

It is held guilty of committing this deed, the contracting authority .....................,


C.U.I. Registration Number .............................., with its office in ........................................., street ........................... no. ............, represented by ..........................., as ......................................., identified by Identity Bulletin / Identity Card series ............... No. ..................., CNP Personal Identification Number ............................................., domiciled in locality ............................, street ............................... no. ..........., block ....., entrance ......., floor ......., apt. ......., county/sector .......................... .

Considering the deed committed, it is applied to the contravening party ................................. a fine of .......................... lei.


Other observations ..............................................................................


............................................................................................ .
(objections of the party committing the contravention)

The fine was paid by means of payment document series ............. No. ..............


of the date of ................. or it will be paid at the Treasury of Public Finances ............... in the Account No. ......................................., and a copy of the payment document shall be hand delivered or it submitted by registered mail, within 15 days as of the date of communication of the Minute of Finding and Sanctioning of Contraventions at the address: .………...................................................................................................... .
(address of the institution which the appointed observer is represents)

This minute also constitutes notification of the payment obligation.


A complaint against the Minute of Finding and Sanctioning the Contravention can be submitted within 15 days as of the date of hand delivery or communication of the latter.


The complaint together with the minute are shall be submitted to........................... ……………….. ……………………… (address of the institution that the observer is representing).

This minute was concluded in 3 copies, of which copy no. 2 was given to the contravening party, today, ..................................... .

Observers, Contravening party, Witness,


........................ Legal representative ..................................

of contracting authority

(complete data on identity)

ANNEX No. 2
    PRINTING CHARACTERISTICS,
manner of distribution, usage and safe keeping of form

“Minute of finding and sanctioning of contraventions”,

code 14.13.22.99/4


  1. Title: Minute of Finding and Sanctioning of Contraventions

   2. Code: 14.13.22.99/4


   3. Format: A4/t2; it shall be printed in books of 150 de pages (50 sets in a book).
   4. Printing characteristics:

   - it is printed on auto-copying paper;



  • it has a series and a number beginning with series A/200 no. 0.000.001.

   5. Distribution: free of charge.


   6. It is used: when finding certain deeds that the Contracting Authority is guilty of and when establishing sanctions provided for by the Government Urgency Ordinance No. 30/2006 regarding the verification function of procedural aspects related to the process of awarding public procurement contracts.
   7. It is concluded: in 3 copies, by the observers appointed by the Unit for Coordination and Verification of Public Procurement: original (black colour), two copies (red and green colours).
   8. Circulation:

   - copy 1 (black colour), to the fiscal institution responsible for enforcing the sanction of the contravention;

   - copy 2 (red colour), to the Contracting Authority that is sanctioned;

   - copy 3 (green colour), to the Unit for Coordination and Verification of Public Procurement or the territorial structures thereof, that found the contravention


   9. It is archived as follows:

   - copy 1, in the fiscal file of the Contracting Authority (held by the relevant fiscal institution).


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