CHAPTER I
General provisions

Art. 1. – The documents created in time by the State authorities, public or private economic, social, cultural, military and religious organizations, as well as documents created by natural persons are considered to be historical sources and form the National Archive Fund of Romania These documents are granted special protection from the State, under the conditions of this law.

Art. 2. – By documents that are part of the National Archive Fund of Romania, in the sense of the present law, we understand: official and particular documents, diplomatic and consular, memoirs, manuscripts, proclamations, summons, public notices, plans, sketches, maps, cine films, and other such testimonials, sealing matrixes, as well as photo, video, audio and data processing records, with historical value, accomplished in the country or by Romanian creators abroad.

Art. 3. – Administration, surveillance and special protection of the National Archive Fund of Romania is accomplished by the National Archive, budgetary unity within the Ministry of the Interior.

The National Archive exercises its duties through its specialized departments and through the county offices of the National Archive.

The special protection of the National Archive Fund of Romania is achieved in times of peace, according to the present law, and in case of war or natural calamities, by the creators and holders, with the support of the bodies appointed to do so, with special attributions in such situations and with the special assistance of the National Archive.

Art. 4. – The natural persons and the legal entities, creators and holders of documents that are part of the National Archive Fund of Romania, hereinafter referred to as creators and holders of documents, are liable for the record, inventory, selection, keeping and using of the documents under the conditions of the provisions of the present law.

CHAPTER II
Attributions of the National Archive and the administration and special protection

of the National Archive Fund of Romania

Art. 5. – The National Archive offers special assistance and ensures the unitary development of the archiving operations at the level of all creators and holders of documents, fulfilling the following attributions:

a) elaborates, according to the provisions of the present law, norms and work methodologies for the organization and development of the entire archiving activity, including for the classification and insertion into the National Archive Fund of Romania of the documents set forth under art. 2, which are to be published, as the case may be;
b) controls the compliance with the provisions of the legislation in force with regard to the archiving activity and establishes the measures that are imposed according to the law;
c) takes over, from the archive creators and holders, the documents that are part of the National Archive Fund of Romania, in the conditions and within the deadlines set forth in the present law;
d) ensures the record, inventory, selection, keeping and usage of the documents it holds;
e) ensures the documents based on microfilms and other suitable forms of reproduction;
f) forms and develops the database of the National Archive and the automated network of archived information and documentation, establishes measures for the technical and methodological correlation and for the collaboration of the services of archived information and documentation and of other similar departments within the National System of Information and Documentation;
g) elaborates and edits the “Archive Magazine” and other specialized publications, meant for the information and support of the scientific research, as well as for the valuation of the documents that are part of the National Archive Fund of Romania;
h) ensures, due to the Faculty of Archiving and to the National School of Archiving Perfection, the training and specialization of the staff necessary for the development of the archiving activities;
i) upon request or ex officio, certifies if a document is or not part of the National Archive Fund of Romania;
j) authorizes the temporary travel beyond the frontiers of the documents that are part of the National Archive Fund of Romania, in view of an exhibition or documentations during international scientific or cultural manifestations;
k) maintains and develops relations with the similar bodies and institutions abroad, in view of the mutual information in the field of archiving and of the exchange of documents and reproductions thereof; ensures the compliance with the international conventions and agreements regarding the archiving field and participates in international archiving congresses, conferences, reunions and counsels;
l) ensures the compliance with the provisions of the legislation in force in achieving the protection of the documents that are part of the National Archive Fund of Romania, and in the defense of the State secrets, the guard and conservation of these documents, both in times of peace and during mobilization or war.

Art. 6. – Within the National Archive Fund of Romania operates a scientific council, formed of specialists of the National Archive, researchers, university teaching staff and specialists from the interested ministries, who analyze, debate and make propositions in matters regarding the specific norms and work methodologies, specialized publications, as well as the development of the entire archiving activity.

The organization and operation method, as well as the composition of the scientific council are established in the regulation of organization and operation, endorsed by the general manager of the National Archive.

CHAPTER III
Obligations of the creators and holders of documents

Section I
Document recording

Art. 7. – The creators and holders of documents are compelled to register and keep record of all the ingoing documents, of those drawn up for internal use, as well as of the outgoing ones, according to the law.

Art. 8. – Each year, documents are grouped in archived units, according to their themes and to the keeping terms, established in the nomenclature of the archive documents, drawn up by each separate creator for his own documents.

The nomenclatures elaborated by the creators at the central level are endorsed by the National Archive, and those of the other creators, by the county offices of the National Archive, according to Annex no. 1.

Art. 9. – Documents are filed with the storeroom of the archive of the creators of documents during the second year from elaboration, based on an inventory and a handover protocol, drawn up according to Annexes no. 2 and 3.

The recording of all ingoing and outgoing archive units out of/into the storeroom is performed in a register, according to Annex no. 4.

The documents are taken out of the records of the archive only with the approval of the management of the creators or holders of documents and with the endorsement of the National Archive or of the county offices of the National Archive, as the case may be, depending on the creators at the central or local level, after the selection, transfer into another archive storeroom, or after the destruction caused by natural calamities or by an unpredictable and unavoidable external event.

Section II
Selection of the documents

Art. 10. – Within the National Archive operates the central commission for the selection of documents, which coordinates the activity of selection of the documents drawn up and held by the creators at the central level, and within each county direction of the National Archive operates a commission of selection of documents, which coordinates the activity of selection of the documents drawn up and held by the other creators.

The organization method and the attributions of the commissions set forth under paragraph 1 are established through norms regarding the archiving activity, endorsed by the general manager of the National Archive.

Art. 11. – Within each unit creating and holding documents operates a commission of selection, appointed through the decision or the order of the head of the unit, being composed of: a president, a secretary and an odd number of members, appointed from among its own specialists. This commission is gathered one a year or whenever necessary, in order to analyze each separate archived unit, establishing its practical or historical value; the decision taken is noted down in a protocol, drawn up according to annex no. 5.

The selection protocol, accompanied by the inventories of the documents proposed for elimination because they are lacking value, as well as by the inventories of the documents that are permanently kept, is forwarded for endorsement to the Central selection commission, in the case of the creators and holders of documents at the central level, or to the commissions within the county offices of the National Archive, in the case of the other creators and holders of documents.

The documents are taken out of the records of the archives and they can be eliminated only based on the protocols of the commissions established under paragraph 2.

In the case of the sole administrator, he is liable for the selection of the documents to be archived.

Section III
Keeping of the documents

Art. 12. – The creators and holders of documents are compelled to keep the documents created or held in adequate conditions, ensuring them against destruction, degradation, abstraction or trade in other conditions than those set forth by the law.

The legal entities creating and holding documents are compelled to keep them in special spaces, arranged for archiving. The new constructions of the creators and holders of archive shall be endorsed by the National Archive or by the county offices of the National Archive, as the case may be, only if they have the necessary spaces for keeping the documents.

The National Archive and the county offices of the National Archive may extend the term of keeping the documents at the holders until the necessary spaces for their takeover are ensured.

The archive storerooms shall be endowed, depending on the format and support of the documents, with the adequate means for the storage and protection thereof, as well as with means, installations and fire prevention and extinction systems.

Section IV
Filing of the documents with the National Archive

Art. 13. – The legal entities creating and holding documents file them with the National Archive and the county offices of the National Archive for permanent keeping, as follows:

a) photographic documents, as well as cine films, 20 years after their creation;
b) written documents, except for civil status documents and technical documents, 30 years after their creation;
c) technical documents, 50 after their creation;
d) civil status documents, 100 after their elaboration;
e) sealing matrixes made of metal, having inscribed all the legal signs and the full name of the unit, after their disuse.

Art. 14. – Creators and holders of archive may hold documents that are part of the National Archive Fund of Romania and after the expiry of the filing term, if they are necessary in the development of their activity, based on the approval of the general manager of the National Archives, in the case of the creators and holders at the central level, and of the managers of the county offices of the National Archive, for the other creators and holders, provided that the provisions of the present law are complied with.

The Ministry of National Defense, the Ministry of Foreign Affairs, the Romanian Intelligence Service, the Foreign Intelligence Service, the Protection and Guard Service, other bodies with attributions in the field of the national safety, as well as the Romanian Academy, keep their own documents under the conditions of the present law and after the expiry of the terms set forth under art. 13.

Art. 15. – The private organizations and natural persons holding documents from the National Archive Fund of Romania may file them with the National Archive under the form of custody or donation, exempt from taxes and charges.

The holder who wishes to sell documents that are part of the National Archive Fund of Romania is compelled to announce his intention to the National Archive or, as the case may be, to the county offices of the National Archives, which have priority at the purchase of any documents that are part of the National Archive Fund of Romania, and which must give an answer within 60 days from communication.

Art. 16. – Documents with practical value, based on which copies, certificates and excerpts are issued, regarding the individual rights of citizens, shall be kept by the creators and holders of such documents.

Art. 17. – The creators and holders of documents, set forth under art. 14 and 15, are compelled to file with the National Archive or with the county offices of the National Archive, as the case may be, one copy of the inventories of the permanent documents they hold, upon the expiry of the filing terms thereof.

Art. 18. – In the case of elimination, according to the law, of a creator of documents, legal entity, without his activity being carried on by some other creator, the documents with historical value, in the sense of art. 2, shall be taken over by the National Archive or by the county offices of the National Archive, and those with practical value, based on which copies, certificates and excerpts are issued, regarding the rights of citizens connected to the stages of contribution to the social security, shall be taken over by the county pension funds or by the pension funds of the districts of Bucharest, as the case may be

The article was amended by art. I section 1 of Law no. 358/2002.

Art. 181. – The creators and/or holders of documents, legal entities, which change their ownership regime or their object of activity, as well as the new holders who take over the patrimony are compelled to order measures for the keeping, conservation and recording of the archive, under the conditions set forth by the law.

The units set forth under paragraph 1 are compelled to take measures against the destruction, degradation, abstraction or illegal trade of the documents in the archive.

The documents mentioned under paragraph 2 are stored under the conditions and in the places established by bilateral agreements entered into with the representatives of the National Archive or of the county offices of the National Archives, except for those with practical value, based on which copies, certificates and excerpts are issued, regarding the rights connected to the stages of contribution of citizens to the social security, which are stored with the county pension funds or with the pension funds of the districts of Bucharest.

Labor books are handed over to their rightful holders or to their legal successors, as the case may be.

The article was introduced through art. I section 2 of Law no. 358/2002.

Art. 19. – The documents that are part of the National Archive Fund of Romania, once introduced, according to the law, into the storerooms of the National Archive and/or of the county offices of the National Archive, can no longer be withdrawn from their administration, except for those documents handed over in custody.

CHAPTER IV
Usage of documents that are part of the National Archive Fund of Romania

Art. 20. – The documents that are part of the National Archive Fund of Romania can be used for: scientific research, solution of some administrative works, communications, and educative actions, elaboration of publications and issuance of copies, excerpts and certificates.

The documents that are part of the National Archive Fund of Romania may be consulted, upon request, by the Romanian and foreign citizens, 30 years after their creation. For the documents that have not exceeded this term yet, the research may take place only with the approval of the management of the creating or holding unit.

The documents with special value are not exhibited in public, in original, but under the form of reproductions.

Art. 21. – The creators and holders of documents are compelled to issue, according to the law, upon the request of the natural and legal persons, certificates, copies and excerpts of the documents they create and hold, including documents for which the term set forth under art. 13 has not been exceeded yet, if they refer to rights regarding the petitioner.

The services offered by the National Archive for the solution of the requests of the natural and legal persons are provided, at cost, under the conditions established by the law.

Art. 22. – The documents whose research might affect the national interest, the rights and liberties of citizens, due to the data and information they contain, or those whose physical integrity is endangered are not allowed to be researched.

In this category are included the following types of documents:

a) documents regarding the territorial safety and integrity and the independence of the Romanian State, according to the constitutional provisions and to the provisions of the legislation in force;
b) documents that may affect the individual rights and liberties of the citizen;
c) documents that are in an inadequate conservation state, situation established by the specialized commission and noted down in a protocol;
d) documents that are not processed in an archive.

The establishment of these documents is made by their legal holder, according to to Annex no. 6.

CHAPTER V
Staff of the archives

Art. 23. – The creators and holders of documents, mentioned under art. 2, legal persons, are compelled to form archive departments or to appoint persons that shall be responsible with the archive problems, depending on their value and quantity.

Also, the staff charged with the archiving activity, the structure and competence of these archive departments shall be established by the management of the unit creating and holding documents, with the endorsement of the National Archive or, as the case may be, of the county offices of the National Archive.

Art. 24. – The training, certification and perfection of the specialized staff of the National Archive, and of the other units creating and holding archive documents is ensured through the Faculty of Archiving and through the National School of Archiving Perfection.

Art. 25. – The specialized staff within the National Archive shall be dimensioned depending on the quality and specificity of the documentary material entrusted for administration and it is part of the category of public servants.

CHAPTER VI
Liabilities and sanctions

Art. 26. – Failure to comply with the provisions of the present law entails, as the case may be, the civil or criminal transgression liability.

Art. 27. – The abstraction, destruction, degradation or rendering in a state no longer suitable for use of the documents that are part of the National Archive Fund of Romania are considered to be infringements and are punished according to the provisions of the Penal Code.

Art. 28. – Taking the documents that are part of the National Archive Fund of Romania outside the country border or their alienation to foreign natural or legal persons, without the authorization of the National Archive, is considered to be an infringement and it is punished with prison from 3 to 7 years, if the deed is not part of a more serious breach.

Tentative is also punished.

Art. 29. – The following deeds are considered to be misdemeanors of the provisions of the present law, if they are not committed in such conditions that, according to the penal law, they could be considered as offences:

a) failure to inventory the documents or failure of their creators, legal entities, to draw up the archiving nomenclatures for their own documents, according to art. 8 paragraph 2;
b) failure of the departments of the creating unit to hand over, to its own archive, the documents with permanent term of keeping, based on an inventory and a handover protocol, according to the provisions of art. 9;
c) failure of the commission for the selection of documents to select the documents created and held by the legal persons, within the deadlines set forth in their own nomenclature, under the conditions set forth under art. 11;
d) failure to ensure the adequate conditions for keeping and protecting the documents created and held by the creators and holders of archives, legal entities or natural persons, according to art. 12;
e) failure of the creators and holders of archive documents to hand over, to the National Archive and, as the case may be, to the county offices of the National Archive, the documents that are part of the National Archive Fund of Romania, upon the expiry of the terms set forth under art. 13;
f) the offer to sell or the sale of the documents that are part of the National Archive Fund of Romania made by natural or legal persons, without observing the priority of the National Archive to purchase them, according to the provisions of art. 15 paragraph 2;
g) failure of the creators and holders of archive documents to file the inventories they hold on the expiry of the legal deadlines with the National Archive or with the county offices of the National Archive, as the case may be, under the conditions set forth under art. 17.
h) failure to comply with the provisions of art. 18 and 181

Letter h) was introduced by art. I section 3 of Law no. 358/2002.

Art. 30. – The misdemeanors set forth under art. 29 are sanctioned with a fee between ROL 2,500,000 and ROL 10,000,000.

This fee is also applicable to legal entities.

In the case of the misdemeanors set forth under art. 29 let. f), the National Archive may request from the court of law to cancel the sale document, even after the expiry of the prescription term of the misdemeanor liability, under the conditions of the civil law.

Misdemeanors set forth under art. 29 are sanctioned with a fee between ROL 2,500,000 and ROL 10,000,000.

Paragraph (1) was changed through art. I section 4 of Law no. 358/2002.

Art. 31. – The acknowledgement of the misdemeanors set forth under art. 29 and the application of the sanctions shall be performed by the representatives of the National Archive and, as the case may be, of the county offices of the National Archive.

Art. 32. – The protocol of acknowledgement of the misdemeanor can be attacked, within 15 days from communication, at the court of law on whose territory the misdemeanor was committed.

Art. 33. – For the misdemeanors set forth in the present law apply the provisions of the Government Ordinance no. 2/2001 regarding the legal regime of misdemeanors, with its subsequent amendments and supplements

The article was amended through art. I section 5 of Law no. 358/2002.

CHAPTER VII
Final and transitory provisions

Art. 34. – The creators and/or holders of documents are compelled to notify in writing, within 30 days, to the National Archive or, as the case may be, to the county offices of the National Archives, the documents attesting their incorporation, reorganization or dissolution, according to the law, as well as the measures ordered in view of archiving the documents created or held by them

The article was amended through art. I section 6 of Law no. 358/2002.

Art. 35. – The names of General Direction of the State’s Archive and the State’s Archive, used in the normative acts in force, shall be replaced by the name of National Archive.

Art. 36. – The provisions of the present law regarding the county offices of the National Archive are also applied, accordingly, to the Bucharest Direction of the National Archive.

Art. 37. – Annexes no. 1-6 make an integral part of the present law.

Art. 38. – The Decree no. 472/1971 regarding the National Archive Fund of Romania of the Socialist Republic of Romania, with its subsequent amendments, as well as any other provisions contrary to the provisions of this law, are abrogated.

This law was enacted by the Senate in its meeting of the 4th of March 1996, complying with the provisions of art. 74 paragraph (1) of the Romanian Constitution.

PRESIDENT OF THE SENATE
Univ. Prof. Dr. OLIVIU GHERMAN

 

This law was enacted by the Chamber of Deputies in the meeting of the 12th of March 1996, by complying with the provisions or art. 74 paragraph (1) of the Romanian Constitution.

PRESIDENT OF THE CHAMBER OF DEPUTIES
ADRIAN NASTASE

Bucharest, 2nd of April 1996.

………………………………………………………………………………….. annexes on web …………………………………………………………………………………….

ANNEX No. 6

 

LIST of the terms after which the documents regarding the national interests and the rights and liberties of citizens can be allowed to be researched

  • medical documents, 100 years after their creation;
  • civil status registers, 100 years after their creation;
  • personal files, 75 years after their creation;
  • documents regarding the private life of a person, 40 years after this latter’s decease;
  • documents regarding the national safety and integrity, 100 years after their creation;
  • documents regarding criminal businesses, 90 years after their creation;
  • documents regarding the external politics, 50 years after their creation;
  • documents of the private capital trading companies, 50 years after their creation;
  • fiscal documents, 50 years after their creation;
  • Notarial and judicial documents, 90 years after their creation.