City Hall of Marasesti*

The procedure mentions the documents required for the issuance of the Tax Attestation Certificate for legal entities.

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The procedure mentions the documents required for issuing the Fiscal Certification Certificate for individuals.

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The goods that are provided by law or that by their nature can be exploited for the collection of natural, civil, or industrial fruits and products may be the subject of concession.

The public property concession contract is that contract concluded in written form by which a public authority, called the conceding party, transfers, for a determined period, to a person called the concessionaire, who acts at their own risk and responsibility, the right and obligation to exploit a public property in exchange for a royalty.

The UAT has the quality of hgrantor for public property goods, being represented, in this sense, by the mayor.

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The sale of goods and land from the private domain of the administrative-territorial unit is carried out in compliance with the principles of transparency in activity, equality of citizens, impartiality, and confidentiality of acts and documents in public administration and of the relevant legislation.

The Local Council decides regarding the purchase of certain goods or the sale of goods that are part of the private domain, of local interest, under the conditions of the law.

The sale of goods that are part of the private domain is carried out by public auction, organized under the conditions of the law. By derogation from these provisions, in the event that the Local Council decides to sell a piece of land located in the private ownership of the administrative-territorial unit on which constructions have been erected, the good-faith builders thereof benefit from a pre-emption right to purchase the land related to the constructions. The sale price is established based on an evaluation report, approved by the local council. The owners of these constructions are notified within 15 days of the decision of the Local Council and may express their intention to purchase within 15 days from the receipt of the notification.

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1.1.1. Planning operations and actions of the activity:

Alienation by sale-purchase of agricultural land located outside the built-up area without respecting the right of pre-emption or without obtaining the approvals is prohibited and sanctioned with absolute nullity.

The unit has the following attributions:

a) records the seller's request, accompanied by the offer to sell the agricultural land and the supporting documents:

- a photocopy of the ID card of the seller who is a natural person or a copy of the passport for the seller who is a natural person with domicile abroad;

- a certified photocopy for compliance by the city hall employees of the property deed for the land that is the object of the sale offer (as applicable: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, property title, inheritance certificate, exchange contract, act of liquidation of patrimony or any other document provided by law that attests acquisition of the property right);

- land registry excerpt for information, issued no more than 30 days before posting the offer,

accompanied by the cadastral plan excerpt, if the land offered for sale is registered in the integrated cadastral and land registry system;

- a photocopy of the certificate of status from the trade registry or the act on which the activity is based, in case of the seller who is a legal entity;

- in case of representation, notarized power of attorney, in certified photocopy for conformity by city hall employees, respectively delegation, decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card/passport of the authorized natural person;

- decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, from which it results the approval regarding the sale of the asset owned by the company, in case of the seller who is a legal entity;

- certificate of fiscal attestation issued by the city hall;

- other proof documents, as the case.

b) posts the sale offer at the city hall headquarters and on its website, as the case;

c) informs preemptors, within 10 days, by sending the notification regarding registration of the sale offer to their domicile, residence or headquarters, as applicable; the notification is sent by mail and/or by email, with receipt confirmation;

d) posts the notification for preemptors at the city hall headquarters or on the city hall's website, respecting the legal provisions on personal data protection, if the holders of the right of pre-emption from the list cannot be contacted;

e) informs the local public authority neighboring the land area which is subject to the intention of sale, if this area is at the border of two administrative territories, in order to notify the holders of the right of pre-emption;

f) sends to the central structure for lands with area above 30 ha, respectively to the territorial structures for lands with area up to 30 ha inclusive, as applicable, as well as to A.D.S., within 5 days, the file regarding the request and offer to sell the agricultural land, together with supporting documents, accompanied by the posting minutes, the list of preemptors, as well as documents issued in exercising legal attributions;

g) records and posts at the city hall headquarters and on its own site, as applicable, all communications of acceptance of the sale offer, submitted by any of the preemptors included in the preemptors list or by any other preemptors not included and who prove this status after drawing up the list by justificatory documents, for exercising the right of pre-emption for the sale offer concerned;

h) sends to the central structure, respectively to the territorial structures, as applicable, in copy, all communications of acceptance of the sale offer, submitted by any of the preemptors within 3 days;

i) sends to the seller the communications of acceptance of the sale offer and/or purchase offers submitted by potential buyers registered at the city hall;

j) adopts necessary organizational measures for conducting at the city hall headquarters the procedures related to exercising the right of pre-emption and choosing the preemptor from the same rank, as well as for choosing the potential buyer, with respect to legal provisions;

k) sends to the central structure, respectively to territorial structures, as applicable, the decision regarding the choice by the seller of the preemptor from the same rank;

l) draws up the minutes of noting the procedural stage of exercising the right of pre-emption provided by law, which records in detail the activities and actions carried out;

m) if no communications of acceptance were registered, posts, at expiration of the legal deadline, the minutes of noting the closing of the procedural stage regarding exercising the right of pre-emption, mentioning that requests can be submitted by potential buyers, accompanied by supporting documents;

n) records the request of the potential buyer, accompanied by supporting documents;

o) sends to the central structure for lands with area above 30 ha, respectively to the territorial structures for lands with area up to 30 ha inclusive, as applicable, in certified copies for conformity by city hall employees, purchase offers submitted by potential buyers registered at the city hall;

p) sends to the seller the purchase offers submitted by potential buyers, in copy, registered

at the city hall;

q) sends to the central structure, respectively to the territorial structures, as applicable, the decision regarding the choice by the seller of the potential buyer;

r) issues the minutes of procedure cancellation if the seller submits a withdrawal request for the sale offer; the minutes are communicated, in copy, by mail or email to the central or territorial structure, as applicable, as well as to A.D.S.;

s) issues the minutes of procedure completion, if no purchase offers have been registered;

t) sets up, organizes, and manages the Register for recording sale offers of agricultural land located outside the built-up area, on paper and in electronic format, which must contain at least information regarding the identification data of the seller, area of agricultural land located outside the built-up area offered for sale, their use category, sale price, location identified by plot and parcel or, as applicable, land location established by the placement and delimitation plan of the property drawn up in the 1970 Stereographic national projection system, issued by the territorial office as a result of the reception of the cadastral documentation for the property for which the approval was requested, minutes drawn up for each stage of the procedure, completion minutes of the procedure, as well as identification data of the buyer and the transfer documents of ownership;

u) sends, at the request of the central/territorial structure, data and information recorded in the registry, on paper or in electronic format.

Alienation by sale of agricultural land located outside the built-up area is carried out respecting the substantive and formal conditions provided by Law no. 287/2009 regarding the Civil Code, republished, with the subsequent amendments, and the right of pre-emption, at the price and under equal conditions as those provided in the offer, in the following order:

a) preemptors of rank I: co-owners, spouses, relatives up to the third degree and relatives by marriage up to the third degree, in this order;

b) preemptors of rank II: owners of agricultural investments for trees, vines, hops, exclusively private irrigation, located on land subject to sale offers and/or lessees. In the event that there are agricultural investments for trees, vines, hops and irrigation on the land offered for sale, priority for buying these lands lies with the owners of these investments;

c) preemptors of rank III: owners and/or lessees of neighboring agricultural lands with the land subject to sale;

d) preemptors of rank IV: young farmers;

e) preemptors of rank V: The Academy of Agricultural and Silvicultural Sciences “Gheorghe Ionescu-Șișești” and research and development units in the fields of agriculture, forestry and the food industry, as well as educational institutions with an agricultural profile, for the purpose of buying agricultural land located in extravilan with the strictly necessary destination for agricultural research, located adjacent to lots already found in their heritage ;

f) preemptors of rank VI: natural persons with domicile/residence located in the administrative- territorial units where the land is located or in the neighboring administrative-territorial units;

g) preemptors of rank VII: the Romanian state, through the Agency for State Domains.

The lessee who wishes to purchase the leased agricultural land located outside the built-up area must hold this status based on a valid lease contract concluded and registered according to legal provisions at least one year before the date of posting the sale offer at the city hall and must meet the following conditions:

a) in the case of lessees who are natural persons, proof of domicile/residence located on the national territory for a period of 5 years prior to registration of the sale offer of agricultural land located outside the built-up area;

b) in the case of lessees who are legal entities and associates (natural persons), proof of domicile/residence located on the national territory for a period of 5 years prior to registration of the sale offer for agricultural lands located outside the built-up area;

c) in the case of lessees who are legal entities, with shareholding by another legal person, shareholders/associates who hold company control must prove domicile/residence/social headquarters located on

the national territory established for a period of 5 years prior to registration of the sale offer of agricultural land located outside the built-up area.

If the right of pre-emption is exercised by young farmers, priority for purchasing land for sale is granted to the young farmer who carries out activities in animal husbandry, provided the condition regarding domicile/residence established on the national territory for at least one year prior to registration of the sale offer for agricultural land located outside the built-up area is met.

If the right of pre-emption is exercised by owners of neighboring agricultural land, priority for purchasing agricultural land located outside the built-up area is established as follows:

a) owner of neighboring agricultural land who has a common boundary with the longest side of the land subject to the sale offer;

b) if the land subject to the sale offer has two long sides or all equal sides, priority for purchasing this land is granted to the neighboring agricultural landowner, young farmer, who has domicile/residence located on the national territory for a period of at least one year prior to registration of the sale offer for agricultural land located outside the built-up area;

c) owners of neighboring agricultural land who have a common boundary with the land subject to the sale, in descending order by the length of the common boundary with the land in question;

d) if the long side or one of the equal sides of the land subject to the sale offer has a common boundary with land located within the area of another administrative-territorial unit, priority for purchasing the land is granted to the owner of neighboring agricultural land with domicile/residence within the administrative-territorial unit where the land is located.

Alienation by sale of agricultural land located outside the built-up area on which archaeological classified sites are located is done according to the provisions of Law no. 422/2001 regarding the protection of historical monuments, republished, with the subsequent amendments and completions.

The request and use of the land registry excerpt or, according to the law, the charge certificate and valid cadastral documentation at the time of concluding property transfer contracts concerning real estate goods and other real rights constitute full proof of good faith of both the parties to the contract, and before the notary public regarding the seller's status as owner of the property subject to sale according to the description in the land registry excerpt.

If the holders of the right of pre-emption do not express the intention to buy the land, alienation by sale of agricultural land located outside the built-up area may be done to natural persons provided the following cumulative conditions are met:

a) to have domicile/residence located on the national territory for at least 5 years prior to registration of the sale offer;

b) to carry out agricultural activities on the national territory for at least 5 years, prior to registering this offer;

c) to be registered by the Romanian fiscal authorities with minimum 5 years prior to registration of the sale offer for agricultural land located outside the built-up area.

If the holders of the right of pre-emption do not express the intention to buy the land, alienation by sale of agricultural land located outside the built-up area may be done to legal persons provided the following cumulative conditions are met:

a) to have the registered office and/or secondary office located on the national territory for at least 5 years prior to registration of the sale offer;

b) to carry out agricultural activities on the national territory for at least 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

c) to submit documents showing that, from the total income of the last 5 fiscal years, at least 75% is income from agricultural activities, as provided by Law no. 227/2015 regarding the Fiscal Code, with the subsequent modifications and additions, classified according to CAEN code by order of the Minister of Agriculture and Rural Development;

d) the associate/shareholder, natural person, who controls the company must have domicile located on

national territory for at least 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

e) if in the structure of legal persons, associates/shareholders who control the company are other legal persons, associates/shareholders who control the company must prove domicile/residence/registered office/secondary office located on the national territory for at least 5 years prior to registration of the sale offer for agricultural land located outside the built-up area.

In case of non-exercise of the right of pre-emption, potential buyers may submit to the city hall a dossier including proof documents within 30 days from the expiry of the 45 business days term.

In case of non-exercise of the right of pre-emption, if none of the potential buyers, within the legal term, meets the conditions to buy the agricultural land located outside the built-up area, alienation by sale may be done to any natural or legal person.

Agricultural lands located outside the built-up area may be sold before 8 years from purchase, with the obligation to pay by the sellers a tax rate of 80% applied to the positive difference between the value of agricultural lands at the date of sale and that at the date of purchase, determined according to the guideline value set by the expertise drawn up by the chamber of public notaries or the minimum value set by the market study carried out by the chamber of public notaries, as applicable, from the respective period.

In the event of alienation, by sale, of the controlling package of legal persons who own one or more agricultural lands located outside the built-up area and which account for more than 25% of the assets provided in par. (5) item 1 and insofar as alienation occurs before 8 years from acquisition of any of these lands, the natural and/or legal person who alienates has the obligation to pay a tax rate of 80% applied to the positive difference between the value of lands at the time of alienation of the controlling package and that at the moment of acquisition of the lands, determined according to the guideline value set by the expertise drawn up by the chamber of public notaries or the minimum value set by the market study carried out by the chambers of public notaries, as applicable, from the respective period. If the legal person owns several agricultural lands located outside the built-up area, the rate of 80% applies to the total value calculated by summing the positive differences related to lands acquired at most 8 years before alienation of the controlling package, without considering negative differences.

Owners of agricultural lands located outside the built-up area are obliged to use them exclusively for agricultural activities from the date of purchase, and if agricultural investments for tree crops, vines, hops and exclusively private irrigation exist on the agricultural land, the agricultural use of this investment shall be preserved.

In all cases where a judicial ruling is requested to stand in place of a sale contract, the action is admissible only if the pre-contract was concluded according to the provisions of Law no. 287/2009, republished, with the subsequent amendments, and the legislation in the field, as well as if the property subject to the pre-contract is registered with the fiscal role and in the land registry.

The seller registers, at the city hall of the administrative-territorial unit where the land is located, a request by which he/she asks for posting the offer to sell the agricultural land located outside the built-up area, in order to inform the preemptors. The request is accompanied by the offer to sell the agricultural land and supporting documents.

Within 5 business days from the date of registration of the request, the city hall is obliged to post for 45 business days the offer to sell at its headquarters and, if applicable, on its website.

The city hall is obliged to send to the structure within the central apparatus of the Ministry of Agriculture and Rural Development, hereinafter referred to as the central structure, respectively to the county agricultural directorates or of Bucharest municipality, hereinafter referred to as territorial structures, as applicable, as well as to the Agency for State Domains a file that includes the list of preemptors, copies of the request for posting of

the sale offer and supporting documents, posting minutes, within 5 business days from registration of the documentation.

For extended transparency, within 3 business days from the registration of the file, the central structure, respectively the territorial structures, as applicable, are obliged to post the sale offer on their own websites, for 15 days.

The city hall is obliged to send the file to the central structure, respectively to territorial structures, as applicable, in term of 5 business days from registration of documentation, term of 5 business days from registration date.

Within 10 business days from registration of the request, the city hall is obliged to notify holders of the right of pre-emption, at their domicile, residence or, as applicable, headquarters, registration of the sale offer;

if the holders of the right of pre-emption cannot be contacted, notification shall be made by posting at the city hall headquarters or on the city hall website.

In case the land area subject to the sale intention is located at the border of two administrative territories, the city hall shall notify the local public authority it adjoins, which in turn shall notify holders of rights of pre-emption.

The holder of the right of pre-emption must, within the period of 45 business days, express in written the intention to purchase, communicate acceptance of the seller's offer and register it at the city hall where it was posted. The city hall will post, including on its own website, within 3 business days from registration of acceptance of the sale offer, the provided data, and will send them for posting on the central structure or territorial structures' website, as applicable.

The communication of acceptance of the seller's offer is registered at the city hall by the holder of the right of pre-emption accompanied by supporting documents.

Within 3 business days from registration of communication of acceptance of the sale offer, the city hall is obliged to send to the central structure, respectively to territorial structures, as applicable, the identification data of the preemptors, potential buyers, for verifying fulfillment of legal conditions.

If, within the term of 45 business days, respectively within 10 days, the seller changes the data entered in the sale offer, the procedure of request registration is resumed.

Before expiry of the term the seller may submit to the city hall where the request for posting the sale offer was registered a request to withdraw the offer. In this case, the city hall shall draw up a minutes of procedure cancellation and communicate a copy of it to the central structure or territorial structure, as applicable, and to the Agency for State Domains.

The final approval required for concluding the sale contract in authentic form by the notary public or pronouncement by the court of a judicial decision standing in place of the sale contract, is issued by territorial structures for lands with area up to 30 ha inclusive, and for lands with area above 30 ha, by the central structure.

The approval required for concluding the sale contract in authentic form by the notary public or pronouncement by the court of a judicial decision standing in place of the sale contract, is issued by territorial structures for lands with area up to 30 ha inclusive, and for lands with area above 30 ha, by the central structure.

Cancellation of approvals issued by the central structure or the territorial structures occurs following the seller's death or the preemptor's death, before conclusion of the sale contract or before pronouncement of the judicial decision standing in place of the sale contract, as applicable.

The issuing authority of the approvals may correct material errors in the document, ex-officio or at the request of the interested person.

Verification of fulfillment of conditions is done by the central structure, respectively by the territorial structures at the location of the property, as applicable, within 5 business days from receipt of data and documents. If legal conditions are fulfilled, within two business days from expiry of the deadline for verification, the central structure, respectively the territorial structures, as applicable, will issue the approval required for conclusion of the sale-purchase contract. If no preemptor expresses intention to purchase by submitting the offer, the issuance of approval is not necessary. In this case, the sale contract is concluded based on the certificate issued by the city hall.

If, following verification by the central structure, respectively territorial structures, as applicable, it is found that the chosen preemptor does not fulfill the conditions, a negative approval shall be issued, within two business days from expiry of the deadline for verification.

Approvals will be issued by the territorial structures. Approvals will be published on their own websites, within two business days from issuance.

If there is no purchase offer from holders of the right of pre-emption who expressed acceptance of the offer within the legal term, sale is free.

If no preemptor expresses intention to purchase, verification of fulfillment of conditions for potential buyers shall be performed by the central structure, respectively by territorial structures at the location of the property, within 10 business days from fulfillment of the deadline provided by law, as applicable, and the approval required for conclusion of sale contract in authentic form by the notary public or pronouncement by the court of a judicial decision standing in place of sale contract shall be issued.

If, following verification by the central structure, respectively territorial structures, as applicable, it is found that the chosen preemptor or potential buyer does not fulfill the conditions, a negative approval shall be issued, within 5 business days from expiry of the deadline for verification.

The approvals provided will be issued by the territorial structures. Approvals will be published on their own websites, within 5 business days from issuance, for a period of 30 days.

If no purchase offer has been registered, at expiry of the term, within 10 business days, the city halls issue the minutes of completion of the procedure. The minutes are issued to the seller and communicated to the central structure or territorial structures, as applicable.

Ministry of Agriculture and Rural Development establishes, manages and administers the National Single Register regarding circulation and destination of agricultural land located outside the built-up area, electronic system, based on data and information supplied by local public administration authorities and the National Agency for Cadastre and Land Registration, through territorial structures.

For the preparation and updating of the Single Register, the institutions are obliged to transmit, at the request of the central structure, respectively of territorial structures, in electronic format, data and information regarding the stages procedural, cadastral documents and property transfer deeds for agricultural land located outside the built-up area to the territorial structure, for completing and updating the Single Register.

Ministry of Agriculture and Rural Development concludes a protocol with the National Agency for Cadastre and Land Registration which shall include the categories of information to be communicated, the nature of the information, processing regime and access to the public space of these information, considering the provisions of legislation on personal data processing, concerning property transfer deeds and cadastral documents, which are published on the official site of these institutions.

1.1.2. Conducting operations and actions of the activity:

Agricultural land located outside the built-up area at a depth of 30 km from the state border and the shore of the Black Sea, inland, as well as the land located outside the built-up area at a distance of up to 2,400 m from special objectives, can be alienated by sale only with the specific approval of the Ministry of National Defense, issued after consultation with the state bodies with attributions in the field of national security, through specialized internal structures.

The provisions do not apply to preemptors.

The approvals will be communicated within 20 business days from registration of the request for solicitation by the seller. If this obligation to issue the approval is not fulfilled, it is considered as favorable.

Agricultural land located outside the built-up area, in which there are archaeological sites, in which zones with identified archaeological heritage or zones with archaeological potential highlighted by chance were established, can be alienated by sale only with the specific approval of the Ministry of Culture, respectively its devolved public services, as appropriate, issued within 20 business days from registration of the request for solicitation by the seller.

The procedure and other elements on obtaining the specific approval of the Ministry of Culture will be regulated

by the methodological rules of application of the law. In case of non-fulfillment of this obligation, the approval is considered as favorable.

The city hall sends to the central structure, respectively territorial structures, as applicable, as well

as A.D.S. within 5 business days from registration of the documentation the file which contains all documents:

- a photocopy of the ID card of the seller who is a natural person or a copy of the passport for the seller who is a natural person with domicile abroad;

- a certified photocopy for conformity by the city hall employees of the property deed for the land that is the object of the sale offer (as applicable: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, property title, inheritance certificate, exchange contract, act of liquidation of patrimony or any other document provided by law that attests acquisition of the property right);

- land registry excerpt for information, issued no more than 30 days before posting the offer, accompanied by the cadastral plan excerpt, if the land offered for sale is registered in the integrated cadastral and land registry system;

- a photocopy of the certificate of status from the trade registry or the act on which the activity is based, in case of the seller who is a legal entity;

- in case of representation, notarized power of attorney, in certified photocopy for conformity by city hall employees, respectively delegation, decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card/passport of the authorized natural person;

- decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, from which it results the approval regarding the sale of the asset owned by the company, in case of the seller who is a legal entity;

- certificate of fiscal attestation issued by the city hall;

- other proof documents, as the case.

The list of preemptors communicated by the city halls may be completed after sending to the central structure, respectively the territorial structures, with preemptors who prove this status and submit to the city halls communications of acceptance of the seller's offer. In this case, the city halls promptly communicate to the central structure,

respectively the territorial structures, as applicable, the updated list with the new preemptors.

Within 45 business days from posting the sale offer at the city hall, under the penalty of forfeiture, any of the holders of the right of pre-emption who wishes to exercise this right registers at the city hall the communication of acceptance of the sale offer.

For exercising the right of pre-emption for buying agricultural land located outside the built-up area, rank I preemptors - co-owners, relatives of the first degree, spouses, relatives and related by marriage up to the third degree inclusive - submit the communication of acceptance of the sale offer, accompanied by the following documents:

a) a photocopy of the ID card/passport of the natural person, and in case of representation, a notarized power of attorney, in photocopy, certified for conformity by city hall employees;

b) a photocopy of the certificate of status from the trade registry or the act on which the activity is based, in case of the legal entity;

c) in case of representation of the legal entity, the delegation, decision of shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card/passport of the authorized natural person;

d) a photocopy of supporting documents attesting the status as preemptor and inclusion in one of the categories: co-owners, relatives of the first degree, spouses, relatives and related by marriage up to the third degree inclusive;

e) property deeds;

f) civil status documents;

g) other proof documents, as the case.

For exercising the right of pre-emption for buying agricultural land located

outside the built-up area, rank II preemptors -owners of agricultural investments for trees, vines, hops, exclusively private irrigation and/or lessees - submit the communication of acceptance of the sale offer, accompanied by the following documents:

a) a photocopy of the ID card/passport for the preemptor natural person;

b) a photocopy of the certificate of status from the trade registry or the act on which the activity is based, in case of the preemptor who is a legal entity;

c) in case of representation, notarized power of attorney, in certified photocopy for conformity by city hall employees, respectively delegation, decision of shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card of the authorized natural person or a photocopy of the passport for the authorized natural person with domicile abroad;

d) certificate issued by the service/directorate of personal records showing the date registration of domicile/residence;

e) decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, from which it results approval regarding buying the land on which agricultural investments for trees, vines, hops, exclusively private irrigation are located;

f) supporting documents to attest ownership of agricultural investments for trees, vines, hops, exclusively private irrigation; registration of assets in the preemptor's ownership located on the land offered for sale;

g) lease contract, in photocopy, certified for conformity by city hall employees, concluded and registered at least one year before the date of posting the sale offer at the city hall, within the validity period;

h) in case of lessees who are legal entities, decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, from which it results exercise of control of the company which is a lessee preemptor, indicating the designated persons, accompanied by proof of social/secondary office located on the national territory established for a period of 5 years prior to registration of the sale offer;

i) other proof documents, as the case.

If there are agricultural investments for trees, vines, hops, exclusively private irrigation, priority for buying these lands is granted to the owners of these investments.

For exercising the right of pre-emption for buying agricultural land located outside the built-up area, rank III preemptors - owners and/or lessees of neighboring agricultural land with the land subject to sale - must meet the following conditions:

a) to hold the status as lessee based on a valid lease contract concluded and registered according to the legal provisions at least one year before the date of posting the sale offer at the city hall;

b) to present proof of domicile/residence located on the national territory established for a period of 5 years prior to registration of the sale offer of agricultural land located outside the built-up area;

c) to present proof of domicile/residence located on the national territory established for a period of 5 years prior to registration of the sale offer for agricultural land located outside the built-up area, in case of associates who are natural persons in the shareholding structure of the legal entity who is a lessee preemptor;

d) in case of lessees who are legal entities with shareholding by another legal person, the shareholders holding control of the company must prove that the social or secondary office is located on the national territory and is established for a period of 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

e) to present the property deed and registry excerpt for information, issued not more than 30 days before registration at the city hall of the communication of acceptance of the sale offer, accompanied by the cadastral plan excerpt, if the neighboring land is registered in the integrated cadastral and land registry system.

If the right of pre-emption is exercised by owners of neighboring agricultural land, having as

object the agricultural land with two or all equal sides, priority for purchasing is granted to the owner of neighboring agricultural land, young farmer.

The communication shall be accompanied by the following documents certifying rank III preemptor status - owners and/or lessees of agricultural land neighboring the land subject to sale, natural persons:

a) a photocopy of the identity document: ID card/passport, and in case of representation, a notarized power of attorney, in photocopy, certified for conformity by city hall employees;

b) certificate issued by the service/directorate of personal records showing the date registration of domicile/residence on the national territory;

c) a photocopy, certified for conformity by city hall employees, of the property deed for the neighboring land with the land subject to sale offer (as applicable: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, property title, inheritance certificate, exchange contract, act of liquidation of patrimony or any other document provided by law that attests acquisition of the property right);

d) a photocopy of the registry excerpt for information, issued no more than 30 days before registration at the city hall of the communication of acceptance of the sale offer, accompanied by the cadastral plan excerpt, if the neighboring land is registered in the integrated cadastral and land registry system;

e) lease contract, in photocopy, certified for conformity by city hall employees, concluded and registered at least one year before the date of posting the sale offer at the city hall, within the validity period;

f) documents required by law, in case of the owner of agricultural land, young farmer;

g) other proof documents, as the case.

The communication shall be accompanied by the following documents certifying rank III preemptor status - owners and/or lessees of agricultural land neighboring the land subject to sale, legal entities:

a) a photocopy of the certificate of status from the trade registry or the act on which the activity is based;

b) in case of representation of the legal entity, the delegation, decision of shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card/passport of the authorized natural person;

c) a photocopy, certified for conformity by city hall employees, of the property deed for the neighboring land with the land subject to sale offer (as applicable: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, property title, inheritance certificate, exchange contract, act of liquidation of patrimony or any other document provided by law that attests acquisition of the property right);

d) a photocopy of the registry excerpt for information, issued no more than 30 days before registration at the city hall of the communication of acceptance of the sale offer, accompanied by the cadastral plan excerpt, if the neighboring land is registered in the integrated cadastral and land registry system;

e) decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, from which it results approval regarding buying the land subject to sale;

f) lease contract, in photocopy, certified for conformity by city hall employees, concluded and registered at least one year before the date of posting the sale offer at the city hall, within the validity period;

g) decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, from which it results exercise of control of the company which is a lessee preemptor, indicating the designated persons, accompanied by proof of social/secondary office located on the national territory established for a period of 5 years prior to registration of the sale offer;

h) certificate issued by the service/directorate of personal records showing the date registration of domicile/residence on the national territory, in case of associates who are natural persons in structure

of shareholding of the legal entity who is lessee preemptor;

i) other proof documents, as the case.

For exercising the right of pre-emption for buying agricultural land located outside the built-up area, rank IV preemptors -young farmers - must meet the following conditions:

a) to be up to 40 years of age, not yet reached at the date of registration of the communication of acceptance, who carries out agricultural activities, with domicile/residence established on the national territory for at least one year prior to registration of the sale offer;

b) the representative of the authorized natural person to be up to 40 years of age, not yet reached at the date of registration of the purchase offer;

c) to carry out agricultural activities in a farm/agricultural holding, in which they are installed as head of holding.

The communication shall be accompanied by the following documents certifying the status of preemptor for young farmer, natural person/authorized natural person:

a) a photocopy of the identity document: ID card/passport of the natural person;

b) certificate issued by the service/directorate of personal records showing the date registration of domicile/residence on the national territory;

c) in case of representation, notarized power of attorney, in certified photocopy for conformity by city hall employees, as well as a photocopy of the ID card/passport of the authorized natural person; delegation, decision of shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card/passport of the authorized natural person;

d) a photocopy, certified for conformity by city hall employees, of the degree in the field (diplomas, certificates, certificates of studies in agriculture, agri-food, veterinary, agrarian economy, agricultural mechanics, economic engineering in agriculture and rural development, diplomas of completion of post-secondary and high school studies in agriculture, agri-food, veterinary, agrarian economy, agricultural mechanics, diploma of completion of vocational school or diploma/certificate of qualification attesting professional training/certificate of competences issued by a center for evaluation and certification of professional competences obtained by ways other than formal ones, which must also be authorized by the National Qualifications Authority, or certificate of completion of the qualification course issued by the National Agency for Agricultural Consultancy, conferring a minimum qualification level in the field of agriculture, agri-food, veterinary, agrarian economy, agricultural mechanics);

e) a photocopy, certified for conformity by city hall employees, of the deed proving registration at the city hall of the farm/agricultural holding;

f) a photocopy of the certificate of status from the trade registry or the act on which the activity is based and the registration certificate of the authorized natural person;

g) other proof documents, as the case.

For exercising the right of pre-emption for buying agricultural land located outside the built-up area, rank V preemptors - The Academy of Agricultural and Silvicultural Sciences "Gheorghe Ionescu-Șișești" and research and development units in agriculture, forestry and food industry, as well as educational institutions with an agricultural profile, for the purpose of buying agricultural land located outside the built-up area with the strictly necessary destination for agricultural research, adjacent to lots already found in their heritage - submit the documents provided in para. (8) lit. a) -e) and i), to which the motivated decision regarding the strictly necessary destination for agricultural research of the land subject to sale shall be added.

For exercising the right of pre-emption for buying agricultural land located outside the built-up area, rank VI preemptors -natural persons with domicile/residence located in administrative-territorial units where the land is located or in neighboring administrative-territorial units - submit the communication of acceptance of the sale offer, accompanied by the following documents:

a) a photocopy of the identity document: ID card/passport, and in case of representation also notarized power of attorney

in photocopy, certified for conformity by city hall employees;

b) certificate issued by the service/directorate of personal records showing the date registration of domicile/residence on the national territory;

c) a photocopy, certified for conformity by city hall employees, of the property deed for neighboring land with the land subject to sale offer (as applicable: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, property title, inheritance certificate, exchange contract, act of liquidation of patrimony or any other document provided by law that attests acquisition of the property right);

d) a photocopy of the registry excerpt for information, issued no more than 30 days before registration at the city hall of the communication of acceptance of the sale offer, accompanied by the cadastral plan excerpt, endorsed by the cadastre and real estate publicity office, showing the length of all sides of the neighboring land with the land subject to sale, if the neighboring land is registered in the integrated cadastral and land registry system;

e) photocopy, certified for conformity by city hall employees, of the degree in the field (diplomas, certificates, certificates of studies in agriculture, agri-food, veterinary, agrarian economy, agricultural mechanics, economic engineering in agriculture and rural development, diplomas of completion of post-secondary and high school studies in agriculture, agri-food, veterinary, agrarian economy, agricultural mechanics, diploma of completion of vocational school or diploma/certificate of qualification attesting professional training/certificate of competences issued by a center for evaluation and certification of professional competences obtained by ways other than formal ones, which must also be authorized by the National Qualifications Authority, or certificate of completion of the qualification course issued by the National Agency for Agricultural Consultancy, conferring a minimum qualification level in the field of agriculture, agri-food, veterinary, agrarian economy, agricultural mechanics).

If the seller did not request posting the sale offer at the city hall, presentation of the approvals provided by law is not required when concluding sale contracts.

If the seller requested posting the sale offer, persons may exercise the right of pre-emption, in which case the sale contract is concluded with requesting the approvals provided by law.

If no preemptor expresses intention to purchase, the city hall posts the minutes of noting the closing of the procedural stage regarding exercising the right of pre-emption, mentioning that requests may be submitted by potential buyers with adherence to legal provisions.

Potential buyers may submit to the city hall a file including proof documents regarding fulfillment of conditions with compliance with the following cumulative conditions:

I. for natural persons:

a) to present proof of domicile/residence located on the national territory established for a period of 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

b) to present proof of carrying out agricultural activities for at least 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

c) to present proof of registration with the Romanian fiscal authorities with minimum 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

II. for legal persons:

a) to present proof that the social or secondary office is located on the national territory and is established for a period of 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

b) to present proof of carrying out agricultural activities for at least 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

c) to present documents showing that from the total income of the last 5 fiscal years at least 75% is income from agricultural activities;

d) associate/shareholder who controls the company must have domicile located on the national territory for at least 5 years prior to registration of the sale offer for agricultural land located outside the built-up area;

e) if in the structure of legal persons control is held by other legal persons,

associates/shareholders must prove domicile located on the national territory for a period of 5 years prior to registration of the sale offer for agricultural land located outside the built-up area.

For proving the conditions, the following documents are submitted:

I. for natural persons:

a) request for registration of the purchase offer for the land subject to sale;

b) a photocopy of the ID card/passport of the natural person;

c) in case of representation, notarized power of attorney, in certified photocopy for conformity by city hall employees, as well as a photocopy of the ID card/passport of the authorized natural person;

d) certificate issued by the service/directorate of personal records, in photocopy, certified for conformity by city hall employees, showing the date registration of domicile/residence on the national territory;

e) certificate issued by the city hall attesting carrying out agricultural activities for at least 5 years prior to registration of the sale offer, in original;

f) certificate issued by the National Agency for Fiscal Administration attesting registration with the Romanian fiscal authorities with minimum 5 years prior to registration of the offer, in original;

g) other proof documents, as the case;

II. for legal persons:

a) request for registration of the purchase offer for the land subject to sale;

b) a photocopy of the certificate of status from the trade registry or the act on which the activity is based;

c) in case of representation of the legal entity, the delegation, decision of shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, as well as a photocopy of the ID card/passport of the authorized natural person;

d) decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, showing exercise of company control, indicating designated persons, accompanied by proof of social/secondary office located on the national territory for a period of 5 years prior to registration of the sale offer;

e) decision of the shareholders' general meeting, decision of the sole shareholder, decision of the representative of the associative form, as applicable, in original, approving purchase of the agricultural land offered for sale;

f) certificate issued by the city hall attesting carrying out activities for at least 5 years prior to registration of the sale offer, in original;

g) a photocopy of the ID card/passport for associates who are natural persons in the structure of the legal entity, accompanied by certificate issued by the service/directorate of personal records, in photocopy, certified for conformity by city hall employees, showing the date registration of domicile/residence on the national territory;

h) statement on own responsibility of the authorized person to represent the legal entity, in authentic form, showing that from the total income of the last 5 fiscal years, 75% is income from agricultural activities;

i) other proof documents, as the case.

The city hall sends to the central structure, respectively to territorial structures, as applicable, the files with purchase offers, within 3 business days from registration.

In case of competition among preemptors within the same rank, the seller chooses the preemptor and communicates to the city hall its name. Previous provisions also apply in case of competition among potential buyers.

The city hall sends to the central structure, respectively to territorial structures, as applicable, the seller's decision regarding the chosen preemptor or potential buyer, within 3 days from expiry of the legal period.

The seller may submit to the city hall where the request for posting the sale offer was registered a request to withdraw the offer. In this case, the city hall shall draw up a minutes of procedure cancellation provided by law and communicate a copy of it to the central structure or territorial

structure, as applicable, and A.D.S.

The city hall issues the minutes of completion of the procedure within 10 days from expiry of the term, in case no purchase offers have been registered, which it issues, in original, to the seller and communicates, in copy, to the central structure or territorial structures, as applicable.

Submission of documents may also be done in electronic system under electronic signature based on a qualified digital certificate, according to the applicable legislation in the field.

The central structure with attributions in the field for lands with area above 30 ha, respectively the territorial structures for lands with area up to 30 ha inclusive, as applicable, ensure publication of sale offers and communications of acceptance of offers, on the institution's site.

Based on documentation sent by city halls regarding exercising the right of pre-emption or the purchase offer the central structure, respectively territorial structures exercise control over application of procedures regarding correct observing of the stages for exercising the right of pre-emption by the seller,

preemptors and/or potential buyers, according to legal provisions.

Following the checks, the central structure, respectively the territorial structures issue the approvals that are sent to the seller, by mail, with receipt confirmation or, at their request, handed to the seller or the authorized person or sent in digital/electronic system with the executive director's electronic signature based on a qualified digital certificate, according to the applicable legislation in the field.

The approvals drawn up by the central structure, are communicated to the territorial structures for sending to the seller.

If, following checks, it is found that the procedure provided by law regarding exercising the right of pre-emption was not respected, a negative approval shall be issued.

The negative approval is cancelled after resumption of the procedure, or a final judicial decision.

Approvals are valid 6 months from the date of communication to the seller. The approval is also valid after expiry of this term, if the parties concluded during its validity a bilateral sale promise or an option pact on the agricultural land outside the built-up area for which it was issued, but no more than the term stipulated

in the content of these acts for their execution.

In fulfillment of the provisions provided by law, at conclusion of the sale-purchase contract for agricultural land located outside the built-up area, the notary public requests from the seller and the following documents, as applicable:

a) the specific approval issued by the Ministry of National Defense, if this situation is mentioned in the land registry at the date of requesting the registry excerpt for authentication, in original or certified copy; if the approval is not communicated within 20 business days from registration of the request, it is considered as favorable, situation confirmed by evidence of registration of the request or receipt confirmation by the ministry and declaration on own responsibility of the owner that the approval was not communicated within 20 business days from registration of the request. The approval of the Ministry of National Defense is not required if the sale-purchase contract is concluded with a preemptor;

b) the address issued by the city hall, communicating whether the specific approval of the Ministry of Culture is required or not, and, as applicable, the specific approval issued by this ministry, if this situation is noted in the land registry at the date of requesting the registry excerpt for authentication, in original or certified copy; if the approval is not communicated within 20 business days from registration of the request, it is considered as favorable, situation confirmed by evidence of registration of the request or receipt confirmation by the ministry and declaration on own responsibility of the owner that the approval was not communicated within 20 business days from registration of the request;

c) approvals issued by the Ministry of Agriculture and Rural Development through the central structure, respectively territorial structures;

d) documents regarding proof of calculation and payment of the 80% tax on the sum representing the difference between the sale price and the purchase price, based on the notary grid from the respective period, as applicable.

The request for registration in the land registry of the property right acquired based on a judicial decision standing in place of a sale-purchase contract or based on an authenticated sale-purchase contract by the notary public shall be accompanied by the certified copy of the following documents:

a) the specific approval issued by the Ministry of National Defense;

b) the address issued by the city hall communicating whether the specific approval of the Ministry of Culture is required or not, and, as applicable, the specific approval issued by this ministry;

c) approvals issued by the Ministry of Agriculture and Rural Development through the central structure, respectively territorial structures;

d) bilateral sale promise concluded before pronouncement of the judicial decision;

e) authentic declaration on own responsibility of the owner that the specific approval of the Ministry of National Defense and/or the specific approval of the Ministry of Culture were not communicated within 20 business days from the date of submitting the request.

If the documents are mentioned in the content of the judicial decision standing in place of the sale contract or in the content of the sale contract authenticated by the notary public, attachment to the registration request is not required.

Failure to present documents if they are not provided in the content of the justifying document leads to rejection of the registration request.

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The notarial succession procedure is initiated at the request of any interested person, as well as the general secretary of the locality in whose area the deceased's assets were located at the time of opening the inheritance.

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1. Description of the procedure

1.1. Generalities:

The lease contract is regulated by Law no. 287/2009 regarding the Civil Code, republished, with subsequent amendments and completions and is a contract by which one of the parties, called the lessor, transfers to the other party, called the lessee, agricultural goods for a determined/undetermined period, in exchange for a rent that can be paid in money or in products/fruits.

1.2. Documents used:

1.2.1. List and origin of the documents:

- Lease contracts;

- Identity documents of the lessor and lessee;

- Civil status documents;

- Property titles;

- Special registry for the recording of lease contracts.

1.2.2. Content and roleof the documents:

- The documents used in preparing this procedure have the role of regulating the way of implementing the procedural activity;

- Access, for each Department, to applicable legislation, is provided through the software program to which institution’s employees have access.

1.2.3. Document flow:

a) Receiving correspondence approved by management;

b) Registering the Lease Contracts in the Special Registry;

c) Mentioning the lease contract in the agricultural register;

d) Releasing the lease contract to the lessee and lessor.

1.3. Required resources:

1.3.1. Material resources:

- Computer;

- Printer;

- Copier;

- Consumables (ink/toner);

- Xerox paper;

- Folders.

1.3.2. Human resources:

- The manager of the institution;

- The compartments provided in the organizational chart of the institution.

1.3.3. Financial resources:

- According to the Approved Budget of the Institution.

1.4. Mode of operation:

1.4.1. Planning operations and actions of the activity:

1. The deadlines provided by law regarding responses to petitioners or to other institutions shall be observed;

2. The deadlines established by law for preparing documents shall be observed;

3. The documents serving as the basis for drawing up the lease contract shall be thoroughly checked;

4. The lease contract will be registered in the special register of lease contracts kept by the General Secretary of the Local Council;

5. The lease contract will be entered in the agricultural registry;

6. 1 copy of the lease contract, endorsed according to the legislation in force, will be sent to the lessee and to the lessor.

1.4.2. Carrying out operations and actions of the activity:

Any agricultural goods can be leased, such as:

a) land with agricultural designation, namely productive agricultural land – arable, vineyards, orchards, viticultural nurseries, fruit-growing nurseries, fruit bushes, hop and mulberry plantations, wooded pastures, land occupied by agro-zootechnical constructions and installations, fish and land improvement facilities, technological roads, platforms and storage spaces serving the needs of agricultural production and unproductive lands that can be arranged and used for agricultural production;

b) animals, constructions of any kind, machinery, equipment and other similar goods intended for agricultural exploitation.

By lease is meant the contract concluded between the owner, usufructuary (person who holds the right of usufruct over a good) or other legal holder of agricultural goods, called lessor, and lessee, regarding the exploitation of agricultural goods for a determined/undetermined period and at a price agreed upon by the parties, called rent.

If the duration is not determined, the lease is considered to have been made for the entire period necessary for harvesting the fruits that the agricultural good will produce in the agricultural year in which the contract is concluded.

The lease contract must be concluded in written form, under penalty of absolute nullity. Under penalty of a civil fine established by the court for each day of delay, the lessee must submit a copy of the contract to the Local Council in whose territorial area the leased agricultural goods are found for it to be registered in a special register kept by the Secretary of the Local Council.

When the leased goods are located in the territorial area of several Local Councils, a copy of the contract shall be lodged with each Local Council in whose territorial area the leased goods are situated.

All expenses related to the conclusion, registration and publication of the lease contract shall be borne by the lessee.

Lease contracts concluded in authentic form, as well as those registered at the Local Council, constitute, according to law, enforceable titles for payment of rent at the deadlines and in the manner established in the contract.

Lease agreements will be received for registration in the special register, by the person with delegated responsibilities, concluded in written form, in three copies, submitted by the lessee.

For registration at the Local Council, the three copies of the lease contract shall be accompanied by the following documents:

a) For contracts concluded by a lessor who is either the holder of the property right for which a valid title of ownership exists, or as sole heir registered as such in a title of ownership issued from a deceased person, it is sufficient to present the title of ownership, the identity document of the lessor, as well as for the lessee, and the death certificate of the deceased mentioned in the title of ownership.

b) For contracts concluded by a lessor who is either a co-owner, together with other co-owners, of a property right for which a valid title of ownership has been issued, or as an heir together with other heirs registered in a title of ownership issued upon the death of a predecessor, the following shall be attached:

b.1. the title of ownership, with the recorded area that is the object of the lease;

b.2. the identity document for the lessor, and respectively for the lessee;

b.3. the death certificate of the deceased entered in the title of ownership.

c) For contracts concluded by lessors who represent either all the co-owners registered in a valid title of ownership issued, or all the heirs registered in a title of ownership issued after the death of a predecessor, it is sufficient to present the title of ownership and civil status documents for the lessors, respectively identity documents for the lessor and lessee.

Proof of legal or testamentary heirship, as well as proof of the heirs' ownership rights over the goods in the inheritance assets in the share due to each, is established by the certificate of inheritance issued by the public notary, according to Art. 1.132 of the Civil Code, according to which

"The certificate of inheritance is issued by the public notary and includes findings regarding the inheritance assets, the number and quality of heirs and the shares to which they are entitled from these assets, as well as other mentions provided by law.”

d) For contracts concluded by lessors who are persons other than those registered in a title of ownership, (in the event that succession proceedings have not been finalized by issuing an inheritance certificate), the prospective lessor must submit the following documents:

d.1. the title of ownership, with the recorded area that is the object of the lease;

d.2. civil status documents attesting that the individual meets the legal requirements for succession;

d.3. the death certificate of the deceased entered in the title of ownership;

d.4. the identity document for the lessor, and respectively for the lessee.

The lease contract is concluded with a single successor, who, with the presented civil status documents, proves that he/she meets the legal conditions for succession, and the title of ownership of the deceased from which the leased area results.

The conclusion of a lease contract has, for the prospective lessor, the value of tacit acceptance of the inheritance, so the obligations are his/hers regarding payment of the agricultural tax for the leased land, as well as payment of the tax for the rent paid by the lessee.

The other successors of the deceased entered in the title of ownership have no obligation since they have not yet exercised the right of succession option.

For implementing the provisions of Law no. 9/2023 for amending and supplementing Emergency Government Ordinance no. 41/2016 regarding the establishment of certain simplification measures at the level of the central public administration and for amending and supplementing certain normative acts, in cases where applicants do not provide paper copies of required documents, the City Hall is obliged to provide, free of charge, photocopying services for them.

The lease contract will include at least the following:

a. the contracting parties;

b. the object of the contract;

c. the purpose of the lease;

d. the duration of the contract;

e. the level of rent, methods and deadlines for payment;

f. the rights and duties of the parties;

g. the responsibilities of each party;

h. provisions on termination of the contract;

i. other clauses agreed upon by the parties and permitted by law.

Lease contracts will follow the course of some checks, as follows:

a) The Secretary of the UAT shall verify if the forwarding address/request submitted by the Lessee was registered in the general register of incoming-outgoing, if the lease contracts in three original copies is attached and is accompanied by the necessary documents. If the documentation is complete and correctly drawn up, it will request the agricultural agent to check if, according to the information entered in the agricultural registers, the lessor is the owner or user of the land subject to lease. If the lessor is a user of the land, it will request the tax agent to check if the lessor is registered as an agricultural income earner.

b) The agricultural agent as the person responsible for entering and keeping the agricultural registers up to date verifies whether the land to be leased is recorded in the agricultural register and whether the lessor is the owner or user of the land to be leased. As a result of the checks carried out, he will draw up a Memorandum under signature, with the findings made, which he will present to the Secretary of the UAT.

c) The tax agent checks whether the lessor is registered as the owner or user of the land, in which case he will also check whether he is registered as earning agricultural income. As a result of the checks, he will draw up a Memorandum under signature, with the findings made, in which he will also specify whether there are outstanding payments on the tax/land fee, which he will present to the Secretary of the UAT.

If irregularities are found during the checks, the Secretary of the UAT will make a report to the Mayor, accompanied by all the documentation submitted by the Lessee, as well as the reports received from the Agricultural Register and the Financial-Accounting department, in which he proposes the return of the documentation to the Lessee for completion, indicating what is missing.

If no irregularities are found, the Secretary of the UAT will proceed to the registration of the three original copies of the lease contracts in the special register for the registration of lease contracts, signing and stamping them with the Local Council stamp. One copy of the lease contract will remain at the Town Hall, and one copy each of the other two will be sent to the lessor and the lessee.

Rights and obligations of the parties:

The rights and obligations of the lessor are:

a) to hand over the agricultural land to the lessee on time and under the conditions stipulated in the contract;

b) to guarantee the lessee against total or partial eviction, as well as against hidden defects of the leased item;

c) not to take any measures regarding the exploitation of the leased land likely to disturb the lessee;

d) to check at any time how the lessee exploits the leased land. During the inspection, the lessor will be accompanied by the lessee or his representative;

e) in the event of disturbance by third parties of the normal exploitation of the land, to act together with the lessee, according to law, to stop the acts of disturbance;

f) to pay taxes and charges owed for the leased land;

g) to notify the lessee in writing of his intention to renew or not the contract at least one year before the lease contract expires;

h) to receive, at the end of the contract, the land that was the object of this contract.

The rights and obligations of the lessee are:

a) to receive the leased land on time and under the conditions stipulated in the contract;

b) to use the land he has leased for agricultural exploitation purposes, under the conditions established in the contract;

c) to maintain the production potential and not to degrade the leased land;

d) not to change the category of use of the leased land without the written consent of the lessor;

e) to pay the rent at the time and under the conditions established in the contract;

f) to request the lessor's consent for carrying out any possible investments on the land;

g) to bear the costs of concluding, registering and publicizing the lease contract;

h) for the purpose of recovering damages caused by natural calamities, to conclude insurance contracts for the crops established on the leased land;

i) to notify the lessor and request that he intervene in cases where he is disturbed by third parties in the exploitation of the leased land;

j) to notify the lessor in writing of his intention to renew or not the contract at least one year before the lease contract expires;

k) at the end of the contract, he is obliged to return the leased land in the condition in which he received it from the lessor;

l) to pay the taxes owed on the income obtained from exploiting the leased land;

m) has the right of preemption in case of alienation by sale by the lessor of the land provided for in this contract, which is exercised according to art. 1.730-1.739 of the Civil Code.

All documents, transmitted and/or issued by the parties, containing personal data are confidential, being processed in compliance with 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).

Change of category of use

The lessee may change the use category of the leased land only with the prior written consent of the owner and in compliance with the legal provisions in force.

Insurance of leased goods

The lessee is obliged, even in the absence of an express provision, to insure the agricultural goods against the risk of crop loss or the perishing of animals due to natural calamities.

Reduction of rent established in money in case of crop loss

When, during the lease, the entire crop of one year or at least half of it has perished by fortuitous cause, the lessee may request a proportional reduction of the rent if it was set in a determined quantity of agricultural products, in a fixed sum of money or in a determinable sum of money depending on the value of a certain quantity of agricultural products.

If the lease is for several years, the reduction will only be established at the end of the lease, when an offsetting of the crops of all years of use will be made.

Exceptions

The lessee cannot obtain a reduction of the rent if the loss of the crop occurred after it was harvested.

The reduction of the rent may also not be requested if the cause of the damage was known at the time of the conclusion of the contract.

Risk of loss of fruits in case the rent is paid in fruits

When the rent is set in a share of fruits or in a sum of money determinable according to the value of such a share, the fortuitous loss, in whole or in part, of the fruits to be divided is borne proportionally and does not give either party the right of action for compensation against the other.

If, however, the loss occurred after the fruits were picked and one of the parties is culpably delaying their handover or receipt, the share owed to that party is reduced by the lost fruits, and the share of the other party is considered as if no loss had occurred, except if the fruits would have perished even if the handover and receipt had been performed on time.

Payment of rent in fruits

When rent is paid in fruits, in the absence of another deadline provided in the contract, the lessee is in default by law for the delivery from the harvest date, and the lessor is in default by law for receipt from the date he was notified in writing by the lessee.

Assignment of lease

With the written consent of the lessor, the lessee may assign the lease contract to the spouse who participates in the exploitation of the leased goods or to his adult descendants.

Prohibition of sublease

Lessee agencies are not allowed. Total or partial subleasing is prohibited under penalty of absolute nullity.

Renewal of lease

The lease contract is renewed by right, for the same duration, if neither of the parties has notified the other party in writing of its refusal at least 6 months before the expiration date, and in the case of agricultural land, at least one year. If the duration of the lease contract is one year or shorter, the above refusal deadlines are reduced by half.

Right of pre-emption

The lessee has the right of preemption regarding the leased agricultural goods, which is exercised according to art. 1.730-1.739 of the Civil Code.

Special cases of termination of the contract

The lease contract ends with the death, incapacity or bankruptcy of the lessee.

1.4.3. Utilization of the results of the activity:

The results of the activity will be capitalized by all departments involved in the Institution

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1.1.

1.1.1. Planning the operations and actions of the activity:

For the issuanceofbuilding/demolitionpermits,the specialized structureswithin the issuing authorities have the following specific duties:

a) verification of the content of the documents (documentation) submitted, in terms of the presentation of all documents required for authorization, according to the legal provisions;

b) checking how the conditions from the opinions and agreements previously obtained by the applicant, including those included in the point of view/administrative act issued by the competent authority for environmental protection, have been incorporated into the technical documentation - T.D.;

c) checking the content of the documents (documentation) submitted, in terms of the compliance of the proposed solutions with the provisions of the approved urban planning documentation and the urban planning certificate;

d) drafting and submitting for signature the building/demolition permits;

e) issuance by the specialized structures within the County Council of the opinions requested by the mayor of the administrative-territorial unit in case of the absence of the specialized structures at the city hall level;

f) ensuring the transmission to the mayor, for information, of the issued documents, in the situation where the issuer is the president of the County Council, as well as to the competent central public administration authorities according to the Law, except for those provided in art. 43 letter a) of Law no. 50/1991 regarding the authorization of construction works.

(Note: Because the text is extremely long, only the start is shown above as an example. If you wish to have the whole text, please confirm to continue, specifying if you want the translation in full or in parts.)*

Central and local public authorities issue certificates and attestations only in cases where the situations or data whose confirmation is requested result from the documents held by them.

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The exercise of commercial activity in public areas is subject to the approval of the local public administration authorities, in compliance with their own regulations and urban planning schemes.

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The procedure presents the documents required to be submitted at the headquarters of the Marasesti City Hall for the issuance of the Identity Card. This procedure is informational in nature and cannot be solved via the PC.

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The urbanism certificate is the mandatory information document by which the county or local public administration authority makes known the legal, economic, and technical status of the properties and the necessary conditions for carrying out investments, real estate transactions, or other real estate operations.

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1. Description of the procedure

1.1. Generalities:

The following are taken into account: transparency in activity, equality of citizens, compliance with the legislation in the field, impartiality and confidentiality of the acts and documents in this area of activity.

In all documents received or prepared in the mayor's office, regarding the issuance of documents containing information from the Agricultural Register, the provisions of the legislation in force shall be observed.

1.2. Used documents:

1.2.1. List and origin of documents:

Incoming documents are:

- requests from natural or legal persons regarding the confirmation of ownership / use rights over land, buildings, animals, agricultural machinery, forests, etc., as well as heirs' certificates, property titles, sale-purchase contracts, donation contracts, exchange contracts, court decisions, etc.

- requests from natural or legal persons regarding agricultural incomes obtained;

- letters from various state institutions or courts;

- ownership documents from natural persons and legal entities;

Outgoing documents are:

- certificates of attestation of ownership over animals;

- issuance of certificates regarding ownership of an agricultural land;

- agricultural role certificates for natural and legal persons.

1.2.2. Content and roleof the documents:

- Standard application for registration in the Agricultural Register / Declaration of citizens regarding the structure of the household;

- Different types of standard certificates, issued by the Agricultural Register Department.

1.2.3. Document circuit:

a) Receiving correspondence;

b) Verifying the data from the institution's records and in the field with confirmation of their authenticity;

c) Drafting responses, reports, letters to institutions or to the requesting natural or legal persons;

d) Communicating to institutions or applicants the documents from the Agricultural Register.

1.3. Required resources:

1.3.1. Material resources:

- Computer;

- Printer;

- Copier;

- Consumables (ink/toner);

- Xerox paper;

- Files.

1.3.2. Human resources:

- Head of institution;

- Departments provided in the organizational chart of the institution.

1.3.3. Financial resources:

- According to the approved Budget of Institution.

1.4. Working method:

1.4.1. Planning the operations and actions of the activity:

The citizen contacts the Agricultural Register Department with a request for issuing a certificate. The application is registered in the certificate record register within the Agricultural Register department.

The identity of the person is verified based on the identity document.

It is checked whether the citizen has the documents attesting ownership of the property, the land and the animals after which the citizen signs the agricultural register.

For all certificates the following are required:

- application;

- identity documents;

- stamp tax / other taxes (if applicable);

- copy of ownership documents if there have been changes in the land area or number of animals.

1.4.2. Performance of the operations and actions of the activity:

The agricultural register provides the database for meeting Participation requests such as:

a) the issuance of supporting documents for the holding of agricultural plots, animals and birds;

b) the issuance/visa of producer certificates and issuance of marketing books, for the purpose of capitalization by agricultural producers, natural persons, of their own agricultural products and conducting trade with these products;

c) issuing certificates attesting to agricultural producer status, in the case of those who do not carry out economic activity for which the documents provided in letter b) are issued;

d) property status for welfare/protection social situations, for obtaining certain social benefits/services;

e) other cases provided by the legal regulations in force.

Rules regarding the performance of activities, which will be undertaken:

a. with compliance with the deadlines set by law regarding responses to petitioners or other institutions;

b. after thorough field verification of all aspects.

Performance of the operations and actions of the activity:

a) Checking the documents presented by the applicant and checking on site their accuracy;

b) Entry in the agricultural register of any operations, based on the submitted documents;

c) Issuing the requested documents to petitioners;

d) Annual updating of the database regarding land use and animal numbers, as well as agricultural crops;

e) Recording in the agricultural register is performed on the basis of self-declaration by household members and supporting documents;

f) The staff of the Department will act so that by issuing the requested documents they reflect the actual situation in the field;

g) They will also monitor the incoming and outgoing correspondence, as well as compliance with the legal deadline of 30 days or the deadlines set by the courts of law.

1.4.3. Exploitation of the results of the activity:

The results of the activity will be exploited by all the departments of the Institution.

2. Responsibilities

2.1. The person from the Agricultural Register Department performs the following operations:

a) Verification of the documents presented by the applicant;

b) Verification in the field of the accuracy of the data presented by the applicant;

c) Verification of the data recorded in the agricultural register;

d) Annual entry in the Agricultural Register of lands, buildings, as well as establishing the land use category;

e) Filling in supprorted certificates.

2.2. The Secretary of the City Hall

a) Approves requests for modifications in the Agricultural Register;

b) Approves finding documents;

c) Approves ownership certificates over land, buildings, animals, etc,.

2.3. The Mayor

a) Approves finding documents;

b) Approves the annual documents regarding the updating of data;

c) Approves ownership certificates over land, buildings, animals, etc,.

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The special sanitation tax is established for the services from which domestic and non-domestic users of the sanitation service benefit​

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